Md. Sujaul Hoque vs Authum Investment And Infrasturcture ...
2025 Latest Caselaw 6894 Gua

Gauhati High Court

Md. Sujaul Hoque vs Authum Investment And Infrasturcture ... on 1 September, 2025

                                                                   Page No.# 1/4

GAHC010197322025




                                                            undefined

                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : W.P.(Crl.)/62/2025

         MD. SUJAUL HOQUE
         S/O ALHAJ MD. SIRAZUR RAHMAN, R/VILL- RANI NIRALPUR, P.O.- RANI,
         P.S.- PALASHBARI, DIST- KAMRUP, ASSAM, PIN-781131



         VERSUS

         AUTHUM INVESTMENT AND INFRASTURCTURE LTD AND 3 ORS
         (FORMERLY KNOWN AS RELIANCE COMMERCIAL FINANCE LIMITED)
         HAVING ITS OFFICE AT 3/2, 3RD FLOOR, 75 C, PARK STREET, KAMDHENU
         BUILDING, KOLKATA-700016 AND THE RUBY, 11TH FLOOR, NORTH-WEST
         WING, PLOT NO. 29, SENAPATI BAPAT MARG, DADAR (WEST), MUMBAI-
         400028, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.
         PANKAJ SINGH

         2:THE RELIANCE COMMERCIAL LTD.
         AFFORD BUILDING
          3RD FLOOR
          NEAR ULUBARI KFC
          KACHARI BASTI ROAD
          ULUBARI
          DIST- KAMRUP (M)
         ASSAM
          GUWAHATI-07

         3:THE STATE OF WEST BENGAL
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF WEST
         BENGAL
         WRITERS BUILDING
          G BLOCK
          4TH FLOOR
          KOLKATA-700001
                                                                          Page No.# 2/4

            4:THE STATE OF ASSAM
            TO BE REPRESENTED BY THE SECRETARY TOT HE GOVERNMENT OF
            ASSAM
             LAW DEPARTMENT
             DISPUR
             GUWAHATI-0

Advocate for the Petitioner   : MR. L N DIHINGIA, MR A BARUAH,MR. A K SAHU

Advocate for the Respondent : GA, ASSAM,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

Date : 01.09.2025

1. Heard Mr. L. N. Dihingia, the learned counsel for the petitioner.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Md. Sujaul Hoque, who has been implead due to the order dated 07.05.2025 passed by the Court of learned Judicial

Magistrate, 12th Court, Calcutta, West Bengal in CS.45939/2025 under Section 138 of N.I. Act, 1881, whereby cognizance of offence under Section 138 of N.I. Act, 1881 has been taken against this petitioner and summons were issued to the present petitioner.

3. The learned counsel for the petitioner has submitted that the petitioner had availed a loan in the month of 09.07.2018 from Reliance Commercial Finance Limited (Respondent No.2) from their Guwahati Branch Office for purchasing a Hyundai Hydraulic Excavator.

4. It is stated in the petition that though, the petitioner was regularly paying the EMI's against the aforesaid loan, however, he could not continue in payment of such EMI's and he defaulted in payment of some of the EMI's.

5. He submits that he had received summons from the Court of learned Page No.# 3/4

Judicial Magistrate, 12th Court, Calcutta, West Bengal in CS.45939/2025.

6. On receipt of the summons he came to know that there was a merger of the finance company from whom the petitioner agreed the loan with Respondent No.1, i.e., Authum Investment And Infrastructure Ltd, which is situated at Calcutta.

7. The learned counsel for the petitioner has submitted that the Court of Calcutta does not have the territorial jurisdiction of entertaining the complaint case under Section 138 of the N.I. Act, 1881 as the cause of action arose within the jurisdiction of, within the State of Assam in Kamrup (Metro) district.

8. The petitioner has questioned of illegality and validity of the aforesaid order by filing this writ petition.

9. The learned counsel for the petitioner has submitted that under such circumstance, this Court can invoke its jurisdiction to protect the interest of the petitioner and in support of his submission, he cited a ruling of this Court in "Shashi Kant Prasad and Another Vs. Md Quadir" reported in 2013 SCC Online Guwahati 548

10. Issue notice upon the respondents.

11. The petitioner shall take steps for service of notice upon the respondents by the registered post with A/D as well as by usual mode within seven days from the date of this order returnable after four weeks.

12. In the meanwhile, considering the submissions made by the learned counsel for the petitioner as discussed in the foregoing paragraphs as far as after perusing the judgment of this Court, cited by the learned counsel for the petitioner in support of his submissions, the further proceeding of Case No.

CS/45939/2025 pending before the Court of learned Judicial Magistrate, 12 th Court, Calcutta, West Bengal is hereby stayed till next returnable date Page No.# 4/4

13. Let this matter be listed after four weeks.

JUDGE

Comparing Assistant