(1.) QUASHING of criminal complaint No.E -3128/2010, under Sections 28/48/25/59/33/51/35/39 of Weight and Measure Act, 1976 is sought on merits in this petition.
(2.) AT the hearing, it was disclosed by learned counsel for petitioner submits that petitioner has been summoned in the aforesaid complaint but till date, Notice under Section 251 of Cr.P.C. has not been framed.
(3.) FURTHER , on this aspect, the dictum of the Apex Court in Krishan Kumar Variar v. Share Shoppe : (2010) 12 SCC is as under: -