BHOLA NATH TIWARI Vs. STATE

JUDGEMENT

(1.) CRL. M (M) No. 498/2001 issue notice to the respondents by ordinary process, registered on post and dasti as well, returnable on 14th May, 2001 crl. M. (M) No. 576/2001 allowed, subject to just exceptions. Crl. M. (M) No. 575/2001

(2.) THIS is an application u/sec. 482 Cr. P. C. for stay of proceedings in the complaint case under Section 138 of the Negotiable Instruments Act titled Mohit Enterprises Pvt. Ltd. v. M/s. Auto Tractor Ltd. and Ors.

(3.) LEARNED counsel for petitioner submits that the petitioner Sh. Bholanath Tiwari is presently functioning as Chief Secretary, Government of u. P; that of the basis of this complaint filed by respondent No. l Petitioner along with the others was summoned under Section 138 of the Negotiable instruments Act on the basis of dishonouring of the cheques purported to have been issued by respondent No. 2; that the petitioner has nothing to do with the said company who had issued the cheques that the petitioner appeared before the trial Court through his lawyer who was having full instructions and his vakalatnama ia also placed on record and moved application for recalling of the order of summoning. Learned trial Court vide orders dated 17th December, 2000 issued notice on the said application and dismissed the application of the petitioner for exemption and again issued bailable warrants against him. Admittedly, the petitioner is represented by a lawyer before the trial Court whose vakalatnama is on record. He claims to have full instructions in the matter and submits that personal attendance of the petitioner is not required for disposal of the application for recalling of summoning order.