PARAGON Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioners under Section 482 Cr.P.C. with a prayer that the summoning order dated 13.12.2001 passed in criminal complaint case No. 4918/1/04 Under Section 138 of N.I Act 1881 pending before the Trial Court be quashed.

(2.) Learned Counsel for the petitioners submits that the impugned order dated 13.12.2001 has been passed by the Trial Court without application of mind and the same is liable to be set aside. He further submits that the cheques in question were given by the petitioners to the complainant as security and these were not issued in order to discharge any liability and, therefore, the petitioners have wrongly been summoned by the learned Trial Court. In support of his case, learned Counsel for the petitioners has relied upon the judgment titled 'Exports India and Anr. v. State and Anr., 2007 137 DLT 193.

(3.) On the other hand, learned Counsel for respondent No. 2 submits that the present petition is completely absurd and has been filed with malafide intentions. He further submits that the impugned summoning order was passed by the learned Trial Court on 13.12.2001, whereas, the quashing of the same is filed by way of present petition only on 14.1.2008 that is after about seven years, which is absolutely abuse of process of law and, therefore, the present petition is liable to be dismissed with exemplary costs.