RATTAN SINGH GUPTA Vs. R K SANDHU

JUDGEMENT

(1.) This petition under S. 482, Cr.PC, is directed against the order dt. 30th March, 2002, whereby the petitioner along with others have been summoned for the offence punishable under S. 276AB r/w s. 278B of the IT Act.

(2.) LEARNED counsel for petitioner submits that the agreement in question was executed in the year 1996 and that the entire payment has already been refunded to the intending purchasers, therefore, agreement was never acted upon; the property in question was situate in Faridabad, therefore, Courts at Delhi have no jurisdiction; no notice was even given to the petitioner, therefore, complaint is liable to be quashed.

(3.) ADMITTEDLY , petitioner has so far not approached the trial Court, the petitioner may raise all these pleas before the trial Court and seek recalling the order of summoning in terms of Supreme Court judgment in K.M. Mathew vs. State of Kerala, AIR 1992 SC 2206. In the absence of an order on the application for recalling, in my view, no case for interference against the order of summoning is made out.