VIJAY KUMAR AGARWAL Vs. UNITED PHOSPHORUS LTD

JUDGEMENT

(1.) Crl. M.A. 3603/2011 (Restoration) For the reasons mentioned in the application the order dated 18.03.2011 is recalled. The petition is restored to its original number and position. The application stands disposed of. Crl.M.C.1085/2007

(2.) The facts of the case in brief are that, respondent No.1 had filed a complaint dated 26.09.1997, under Section 138 of the Negotiable Instrument Act, 1881 (as amended) read with Section 420 of the Indian Penal Code, against Vijay Remedies Limited through its Director Sh.Kamal Goel. vide order dated 25.07.1998, summons were issued after recording pre-summoning evidence of the complainant and notice under Section 251 of Code of Criminal Procedure was framed vide order dated 07.02.2000.

(3.) On 07.02.2000, an application under Section 319 of Code of Criminal Procedure was moved by the respondent No.1 to issue summons against the petitioner and two other persons namely Satish Garg and Aushotosh Gupta and the matter was fixed for 30.03.2000 for further proceedings.