DARBAR EXPORTS Vs. BANK OF INDIA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Cril. Procedure ( hereinafter referred to as "the Code" only) is directed against an order dated 31.5.2002 passed by learned Addl. Sessions Judge, New Delhi by which an application of the petitioners for recall of the summons issued under Section 138 of the Negotiable Instruments Act ( hereinafter referred to as "the Act" ) was declined and notice under Section 251 of the Code was ordered to be served upon the petitioners.

(2.) I have heard learned counsel for the petitioners and learned counsel for the respondents. I have gone through the records.

(3.) The petitioner No.1 a partnership firm and its partners petitioners No.2 and 3 are being proceeded against under Section 138 of the Act on the basis of a complaint filed by respondent No.1. The petitioners moved an application for recall of the summoning order mainly on the ground that no notice under Section 138(b) of the Act was served upon the petitioners; that there was no cause of action in favour of respondent-complainant and the petitioner No.3 was only a sleeping partner and in the complaint there were no allegations against her to render her liable in terms of Section 141 of the Act. The learned Trial Judge vide the impugned order rejected the pleas raised by the petitioners.