TRIMURTI EXPORTS & ORS Vs. MODELAMA EXPORTS LTD

JUDGEMENT

(1.) Vide impugned order of 27th July, 2012, petitioner No.1 through its three partners has been summoned as accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by respondent-complainant. Vide order of 22nd April, 2013 petitioners' application for transfer of complaint case in question to the court of competent territorial jurisdiction stands rejected by trial court while observing that the question of jurisdiction was urged by petitioners before this Court, but they had withdrawn the petition unconditionally.

(2.) Vide order of 27th August, 2013 petitioners' revision petition against order of 22nd April, 2013 stands dismissed. Vide order of 13th August, 2014 trial court has listed the complaint case in question alongwith three other similar complaint cases for evidence.

(3.) In this petition, quashing of afore-noted orders is sought while relying upon Apex Court's decision in Dashrath Rupsingh Rathod v. State of Maharashtra, 2014 9 SCC 129. However, at the hearing, learned senior counsel for petitioners had placed reliance upon Apex Court's decision in J.V. Baharuni v. State of Gujarat, 2014 10 SCC 494 to seek denovo trial by raising the bar under Section 326 (3) of Cr.P.C.. It was vehemently asserted by learned senior counsel for petitioners that the complaint in question was tried as a summary case.