LAWS(DLH)-2005-12-21

SLIKWAYS TRAVELS PVT LTD Vs. STATE

Decided On December 02, 2005
SILKWAYS TRAVELS PVT.LTD Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition under Section.482,Q.P.C. has been filed for quashing the order dated 3.12.2001 passed by learned Metropolitan Magistrate New Delhi summoning the petitioners under Section 138, Negotiable Instruments Act, and also for quashing the order dated 25.10.2005 regarding notice under Section 251, Cr.P.C. given to the petitioners.

(2.) I have heard Mr. Ramesh Gupta, learned counsel for the petitioners, on the point of admission, and have gone though the copies of the documents placed on the file.

(3.) Vide order dated 3.12.2001, the learned Metropolitan Magistrate after examining the affidavit evidence of the complainant opined that there was a prima facie case under Section 138 of Negotiable Instruments Act and issued summons. Vide order dated 25.10.2005, accused Nos. 2,5 and 6 were declared proclaimed offenders (PO's) and notices under Section 251, Cr.P.C. were given to other persons who pleaded not guilty and the matter has been adjourned to 31.1.2006 for evidence by way of affidavits. Aggrieved, the present petition has been filed by accused Nos. 1, 3,4 and 7.