w w w . L a w y e r S e r v i c e s . i n



Victoria Manufacturing & Packaging Co. v/s State of U.P.


Company & Directors' Information:- PACKAGING INDIA PRIVATE LIMITED [Amalgamated] CIN = U74950TN1989PTC046718

Company & Directors' Information:- R T PACKAGING LTD [Active] CIN = U74999HR1993PLC032169

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209WB1984PLC037758

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209GJ1984PLC098951

Company & Directors' Information:- B & A PACKAGING INDIA LIMITED [Active] CIN = L21021OR1986PLC001624

Company & Directors' Information:- M H PACKAGING (INDIA) LIMITED [Active] CIN = U25202GJ2005PLC046041

Company & Directors' Information:- PACKAGING INDIA PRIVATE LIMITED [Not available for efiling] CIN = U99999PY1989PTC000652

Company & Directors' Information:- A J PACKAGING LIMITED [Active] CIN = U74999TG1995PLC020965

Company & Directors' Information:- N L PACKAGING PRIVATE LIMITED [Active] CIN = U21090MH2010PTC201464

Company & Directors' Information:- INDIA MANUFACTURING CORPORATION PRIVATE LIMITED [Active] CIN = U24100DL2010PTC198947

Company & Directors' Information:- S I A MANUFACTURING PRIVATE LIMITED [Active] CIN = U74120UP2013PTC057004

Company & Directors' Information:- B. H. PACKAGING PRIVATE LIMITED [Active] CIN = U21014MH2009PTC195516

Company & Directors' Information:- S. S. T. PACKAGING PRIVATE LIMITED [Active] CIN = U21098WB2016PTC209238

Company & Directors' Information:- S K M MANUFACTURING PRIVATE LIMITED [Active] CIN = U17200DL2011PTC223768

Company & Directors' Information:- R S M PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC135632

Company & Directors' Information:- S T S MANUFACTURING PRIVATE LIMITED [Active] CIN = U28112TZ2006PTC012940

Company & Directors' Information:- G S N PACKAGING PRIVATE LIMITED [Active] CIN = U51909WB2011PTC162126

Company & Directors' Information:- L. N. PACKAGING PRIVATE LIMITED [Active] CIN = U25209TG1998PTC028902

Company & Directors' Information:- M. D. PACKAGING LIMITED [Active] CIN = U25202DL1996PLC078981

Company & Directors' Information:- P K PACKAGING PRIVATE LIMITED [Active] CIN = U36900AS2020PTC020340

Company & Directors' Information:- K. B. PACKAGING PRIVATE LIMITED [Strike Off] CIN = U25202MH2006PTC164868

Company & Directors' Information:- S J PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074048

Company & Directors' Information:- A A PACKAGING PRIVATE LIMITED [Active] CIN = U21014WB2009PTC135731

Company & Directors' Information:- P. N. PACKAGING PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301297

Company & Directors' Information:- M H PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC136943

Company & Directors' Information:- G N PACKAGING PRIVATE LIMITED [Active] CIN = U21014TG1997PTC026517

Company & Directors' Information:- K R PACKAGING PRIVATE LIMITED [Active] CIN = U74950DL2002PTC115664

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Active] CIN = U27109WB1991PTC051461

Company & Directors' Information:- L N P PACKAGING PRIVATE LIMITED [Active] CIN = U74990TN2010PTC076015

Company & Directors' Information:- S. L. PACKAGING PRIVATE LIMITED [Active] CIN = U21014WB2007PTC117459

Company & Directors' Information:- A K S PACKAGING COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC044470

Company & Directors' Information:- A K MANUFACTURING PVT LTD [Active] CIN = U51909MN1988PTC003110

Company & Directors' Information:- N. G. PACKAGING PRIVATE LIMITED [Active] CIN = U21014DL2010PTC200148

Company & Directors' Information:- J D PACKAGING PRIVATE LIMITED [Active] CIN = U25202MH1999PTC121188

Company & Directors' Information:- I T A C (INDIA) MANUFACTURING CO LTD [Dissolved] CIN = L51109WB1982PLC034689

Company & Directors' Information:- S A PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061750

Company & Directors' Information:- D. I. PACKAGING PRIVATE LIMITED [Active] CIN = U21098DL2006PTC156833

Company & Directors' Information:- S R G PACKAGING PRIVATE LIMITED [Active] CIN = U74950DL2003PTC119676

Company & Directors' Information:- P S PACKAGING PVT LTD [Active] CIN = U25202HR1997PTC033807

Company & Directors' Information:- J D MANUFACTURING CO PVT LTD [Active] CIN = U51909WB1996PTC079825

Company & Directors' Information:- R M PACKAGING PVT LTD [Active] CIN = U19202WB1990PTC048606

Company & Directors' Information:- P G PACKAGING PRIVATE LIMITED [Active] CIN = U21000MP2010PTC024928

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Not available for efiling] CIN = U36900WB1991PTC005146

Company & Directors' Information:- R P J PACKAGING PVT LTD [Active] CIN = U74950WB1990PTC048639

Company & Directors' Information:- B R D MANUFACTURING PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085188

Company & Directors' Information:- R J S MANUFACTURING PRIVATE LIMITED [Active] CIN = U27104DL1997PTC090521

Company & Directors' Information:- B U MANUFACTURING PVT LTD [Active] CIN = U51109WB1982PTC035271

Company & Directors' Information:- S AND S PACKAGING PRIVATE LIMITED [Active] CIN = U21014UP1993PTC015459

Company & Directors' Information:- M M MANUFACTURING PVT LTD [Active] CIN = U26922WB1993PTC059837

Company & Directors' Information:- R V L PACKAGING INDIA PVT LTD [Amalgamated] CIN = U18101MH1997PTC109511

Company & Directors' Information:- J. C. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U21099WB2020PTC236821

Company & Directors' Information:- M R PACKAGING PRIVATE LIMITED [Active] CIN = U27200WB2020PTC242251

Company & Directors' Information:- S B MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U31506WB1999PTC088567

Company & Directors' Information:- K N R PACKAGING INDIA PRIVATE LIMITED [Active] CIN = U02102TZ2004PTC011024

Company & Directors' Information:- K. V. J. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U29308DL2017PTC320213

Company & Directors' Information:- K V M PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035862

Company & Directors' Information:- VICTORIA MANUFACTURING & PACKAGING PRIVATE LIMITED [Active] CIN = U51900DL2008PTC180461

Company & Directors' Information:- R. V. PACKAGING PRIVATE LIMITED [Active] CIN = U36900HR2020PTC086930

Company & Directors' Information:- A T E MANUFACTURING CO PRIVATE LIMITED [Amalgamated] CIN = U28999GJ1973PTC002296

Company & Directors' Information:- A S R PACKAGING PRIVATE LIMITED [Active] CIN = U02102TZ1999PTC008829

Company & Directors' Information:- M I PACKAGING PRIVATE LIMITED [Active] CIN = U21014GJ2010PTC060865

Company & Directors' Information:- J P MANUFACTURING AND CO PVT LTD [Strike Off] CIN = U51226WB1982PTC034927

Company & Directors' Information:- D. K. MANUFACTURING (INDIA) LIMITED [Strike Off] CIN = U37200WB2011PLC170403

Company & Directors' Information:- P K PACKAGING PRIVATE LIMITED [Strike Off] CIN = U74950HR2002PTC034840

Company & Directors' Information:- S M MANUFACTURING COMPANY PRIVATE LIMITED [Active] CIN = U34300HR1997PTC057824

Company & Directors' Information:- G K MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U34300PB2012PTC036073

Company & Directors' Information:- P & B MANUFACTURING PRIVATE LIMITED [Active] CIN = U29254TN2010PTC076696

Company & Directors' Information:- A.T. PACKAGING PRIVATE LIMITED [Strike Off] CIN = U74950HR2006PTC036419

Company & Directors' Information:- B. V. H. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U74999GJ2018FTC100633

Company & Directors' Information:- G A S PACKAGING PRIVATE LIMITED [Active] CIN = U51909MH1998PTC117485

Company & Directors' Information:- L AND S PACKAGING PRIVATE LIMITED [Strike Off] CIN = U60100TG1996PTC025522

Company & Directors' Information:- H G J PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21015UP1986PTC008177

Company & Directors' Information:- A N PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC140765

Company & Directors' Information:- R A MANUFACTURING COMPANY PRIVATE LIMITED [Strike Off] CIN = U36900HR2012PTC047669

Company & Directors' Information:- R S L PACKAGING PVT LTD. [Strike Off] CIN = U21022WB1989PTC046929

Company & Directors' Information:- R M K PACKAGING PRIVATE LIMITED [Converted to LLP] CIN = U25202MH1989PTC050463

Company & Directors' Information:- S R PACKAGING PVT LTD [Strike Off] CIN = U74950GJ1995PTC025896

Company & Directors' Information:- D V S PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC138480

Company & Directors' Information:- I S R PACKAGING PRIVATE LIMITED [Active] CIN = U21012UP1991PTC012975

Company & Directors' Information:- L R PACKAGING PRIVATE LIMITED [Active] CIN = U21020DL2014PTC267118

Company & Directors' Information:- H P PACKAGING PRIVATE LIMITED [Active] CIN = U25209DL2006PTC156771

Company & Directors' Information:- P & T PACKAGING PRIVATE LIMITED [Active] CIN = U74950HR2010PTC040270

Company & Directors' Information:- M P PACKAGING CO PVT LTD [Strike Off] CIN = U25202MP1982PTC001970

Company & Directors' Information:- R C PACKAGING PRIVATE LIMITED [Strike Off] CIN = U28129MH1998PTC115353

Company & Directors' Information:- G S PACKAGING PVT LTD [Active] CIN = U21029OR1988PTC001981

Company & Directors' Information:- J S PACKAGING PVT LTD [Strike Off] CIN = U21022WB1988PTC044146

Company & Directors' Information:- V R S PACKAGING PRIVATE LIMITED [Active] CIN = U25209DL2004PTC124944

Company & Directors' Information:- V J PACKAGING COMPANY PRIVATE LIMITED [Strike Off] CIN = U25202DL2005PTC136286

Company & Directors' Information:- N S PACKAGING PRIVATE LIMITED [Active] CIN = U51909DL1998PTC096663

Company & Directors' Information:- H. L. PACKAGING PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC173885

Company & Directors' Information:- M M PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21040OR2004PTC007615

Company & Directors' Information:- A K R MANUFACTURING PRIVATE LIMITED [Active] CIN = U19200RJ2012PTC041177

Company & Directors' Information:- N M PACKAGING PRIVATE LIMITED [Amalgamated] CIN = U25202MH1998PTC115143

Company & Directors' Information:- D-G-R- PACKAGING PRIVATE LIMITED [Active] CIN = U74999MH2016PTC283816

Company & Directors' Information:- P. J. PACKAGING PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302513

Company & Directors' Information:- J S R PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21029DL2004PTC127947

Company & Directors' Information:- J C PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21029DL2004PTC128333

Company & Directors' Information:- S T PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC143979

Company & Directors' Information:- R S T PACKAGING PRIVATE LIMITED [Active] CIN = U74140DL2014PTC273027

Company & Directors' Information:- N D PACKAGING PRIVATE LIMITED [Active] CIN = U74999DL2004PTC128047

Company & Directors' Information:- C N C MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U64204DL2015PTC281449

Company & Directors' Information:- J W M PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL2004PTC130600

Company & Directors' Information:- J K PACKAGING PVT LTD [Active] CIN = U74950GJ1995PTC025819

Company & Directors' Information:- A S M PACKAGING PRIVATE LIMITED [Strike Off] CIN = U25202DL2005PTC135655

Company & Directors' Information:- M M PACKAGING LTD [Strike Off] CIN = U21015CH1988PLC008879

    Application under Section 482 No. 39784 of 2011

    Decided On, 10 July 2014

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE NAHEED ARA MOONIS

    For the Applicant: Bishram Tiwari, Advocate. For the Respondent: Government Advocate.



Judgment Text

Naheed Ara Moonis, J.

1. Case called out in the revised list. No one appears on behalf of the applicant to press this application. Learned counsel for the respondent and the learned A.G.A. are present.

2. The instant petition has been filed with the prayer to quash the entire proceedings of complaint Case No. 3443 of 2009, under Section 138 Negotiable Instrument Act, police Station Modi Nagar, district Ghaziabad pending in the court of Special Judicial Magistrate (C.B.I.), Ghaziabad.

3. On 15.12.2011 at the request of the learned counsel for the applicant the matter was sent to the Mediation Canter. The order passed on 15.12.2011 is quoted below;

"Heard learned counsel for the applicant and learned A.G.A.

The applicant, through the present application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with the prayer that the proceedings of Complaint Case No. 3443 of 2009, under Section 138 of Negotiable Instruments Act, P.S. Modi Nagar, District Ghaziabad pending in the court of Special Judicial Magistrate-(CBI) District Ghaziabad, be quashed.

Learned counsel for the applicant submits that this matter can be settled through the process of Mediation/compounding in accordance with the directions issued by the Apex Court in the case of Damodar S. Prabhu v. Sayed Babulal H. (2010) 5 SCC 663.

In view of the above, it is directed that the applicant shall deposit 10% of the amount payable under the cheque by a Demand Draft drawn in favour of Mediation Centre within a period of three weeks from today 90% whereof shall be paid to the opposite party no. 2.

4. It is directed that Mediation Centre shall conclude the matter expeditiously preferably within a period of three months, after giving notices to both the parties. Thereafter, the case shall be listed before the appropriate Bench.

5. Till the next date of listing, no coercive measure shall be taken against the applicant in Complaint Case No. 3443 of 2009 under Section 138 of Negotiable Instruments Act, P.S. Modi Nagar District Ghaziabad pending in the court of Special judicial Magistrate-(CBI) Ghaziabad."

6. It is surprising to note that at the instance of the learned counsel for the applicant the matter was referred to the Mediation Canter but neither the applicant appeared before the Mediation Canter nor deposited the amount as directed by means of the aforesaid order. Today even the case is taken up in the revised list but no one has appeared on behalf of the applicant. From the perusal of the record it appears that the summoning order was passed against the applicant under Section 138 Negotiable Instrument Act by order dated 18.3.2010. The said order was passed by the Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad after recording the statement of the complainant under Section 200 Cr.P.C. and after going through the material evidence filed in support of the complaint i.e. cheque memo of Bank, postal receipt and receipt of U.P.C. and the notice. The appellant approached this court and challenged the aforesaid summoning order by filing Criminal Misc. Application No. 10632 of 2011 raising objection about jurisdiction of the court of Chief Judicial Magistrate, Ghaziabad. The another Bench of this court passed the following order on 5.4.2011, which is reproduced as under;

"Heard learned counsel for the applicant and learned A.G.A. This application has been filed by the applicant with a prayer to quash the proceedings of complaint case no. 3443 of 2009, under section 138 Negotiable Instrument Act, P.S. Modi Nagar, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate-III, district Ghaziabad.

It is contended by the learned counsel for the applicant that in the present case the Additional Chief Judicial Magistrate, court no. 5 district Ghaziabad was not having territorial jurisdiction, even then the learned magistrate has taken cognizance .

In reply to the above contention it is submitted by the learned A.G.A. that in this case the Additional Chief Judicial Magistrate, court no. 5 district Ghaziabad was having jurisdiction. Considering the same, it is directed that in case the applicant moves an application with regard to the territorial jurisdiction before the court concerned through his counsel within 20 days from today, it shall be heard and disposed of expeditiously in accordance with law. Till then no coercive steps shall be taken against the applicant. With the above direction this application is finally disposed of."

7. In compliance of the order dated 5.4.2011 the applicant moved an application raising the plea of maintainability of the complaint before the Chief Judicial Magistrate-III, Ghaziabad. After considering the arguments of the learned counsel for the applicant the court below had rejected the application by a detailed and speaking order on 30.7.2011. The applicant failed to appear before the court, hence non-bailable warrant was issued against him and the proceedings under Sections 82 and 83 Cr.P.C. were also initiated against the applicant after issuance of non-bailable warrant. The applicant deliberately failed to appear before the court and filed the present petition for the same relief, which was made in the earlier petition i.e. for quashing the entire proceedings under Section 138 Negotiable Instrument Act in the aforesaid complaint case and succeeded in obtaining an ex parte order on 15.12.2011 in the garb that the matter can be settled at the Mediation Centre. The order was passed to that effect by this court in the present petition on 15.12.2011 and thereafter the applicant failed to appear before the Mediation Canter. The applicant neither appeared before the Mediation Canter nor deposited the amount as directed by this court hence he has made all efforts to elongate the matters as the trial proceeding has been stayed since 15.12.2011. The applicant has himself made a mockery of the process of law and by filing successive petitions for the same relie

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f has misled the court. 8. I do not find any illegality in the order dated 30.7.2011 passed by the learned Magistrate, which is annexed as Annexure-6 to the affidavit filed in support of the application, thus this court does not find any abuse of the process of law in initiating proceedings against the applicant under Section 138 Negotiable Instrument Act. 9. The application is devoid of any merit and is accordingly dismissed. Interim order dated 15.12.2011 is hereby vacated. 10. Office is directed to communicate this order to the court below. The court below will proceed with the case in utmost expeditious manner in accordance with law.
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