NAVEEN MALHOTRA AND ANOTHER Vs. STATE AND ANR

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek a direction thereby setting aside the order dated 29.08.2014 passed by learned Additional Sessions Judge-03, Dwarka Courts, New Delhi and the order dated 20.06.2014 passed by learned Magistrate.

(2.) Vide order dated 08.10.2013, summons were ordered to be issued against the petitioners for the offences punishable under Section 138 of the NI Act. In said order, it is specifically mentioned that in case of non- availability / refusal or evasion, accused be served by way of affixation. Accordingly, the service report was filed wherein recorded that it was verbally stated by the employee that employer was not at home and they had gone out without leaving any information about their return. It is further stated that as per the orders of the Court, the summons have been affixed at the gate. Accordingly, vide order dated 18.11.2013, bailable warrants were issued against the petitioners. Despite appeared none on their behalf, therefore, vide order dated 19.12.2013, learned Magistrate issued NBWs. However, appeared none, thereafter, vide order dated 07.02.2014, process under Section 82 of the Cr P C issued against the petitioners.

(3.) After recording the statement of the process servers that house was found locked and the petitioners left the said house long back without leaving any other details of their present address. Therefore, vide dated 20.07.2014, learned Magistrate directed to lodge the FIR against the petitioners under Section 174A of the IPC. The petitioners are aggrieved by the said order, hence, present petition.