SANJAY DALMIA Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing criminal complaint under Sections 138, 141 and 142 of the Negotiable Instruments Act pending before Metropolitan Magistrate, New Delhi.

(2.) I have heard Mr. Gurdyal Singh, learned Counsel for the petitioner on the point of admission and have gone through the copies of the documents placed on the file.

(3.) Three orders dated 31.8.2002, 22.12.2004 and 19.5.2005 are being challenged in this petition. Vide order dated 31.8.2002 the petitioners/accused persons wee summoned. Vide order dated 22.12.2004 the Metropolitan Magistrate has rejected two applications: (i) for recalling the summoning order, and (ii) for holding that the offence should be deemed to have been compounded. In the order dated 19.5.2005 the Metropolitan Magistrate has after hearing the learned Counsel for the parties noted that except representative of the company no other accused was present in the Court. Learned Counsel for the petitioner pleaded in the Trial Court that accused persons could not be informed that they had to remain present in the Court because the learned Counsel was under the impression that the matter was fixed for disposal of pending applications. The Metropolitan Magistrate then directed that all the accused persons should remain present on the next date of hearing. The petitioners are aggrieved. Hence this petition.