MADAN MOHAN GUPTA Vs. SAMRITI BHASIN

JUDGEMENT

(1.) Respondent No. 2 has filed a complaint against the petitioner herein under Section 138 of the Negotiable Instruments Act (in short the 'Nl Act') on the basis of cheque No.325947 dated 5.3.2001 in the sum of Rs.1 lakh, which was dishonoured on presentation. After pre-summoning evidence, the learned trial court found that prima facie case was made out and, therefore, cognizance was taken and summoning orders passed. The petitioner appeared and moved application for recall of the summoning orders on 22.11.2002. This application was dismissed by the learned trial court vide order dated 31.5.2003 and the case was adjourned for framing of the notice. At the time of framing of notice, the petitioner again filed brief submissions and argued that notice could not be framed. The learned trial court, however, rejecting those submissions, framed the notice against the petitioner vide order dated 17.7.2003. The petitioner preferred revision petition in this Court challenging the summoning orders as well as the order framing the notice. On 9.9.2003 this revision petition was disposed of by this Court. Perusal of the order would show that on the ground that a judgment of this Court in the case of Padmini Polymer Vs. Unit Trust of India, 2003 (I) AD (Delhi) 88 was cited before the trial court but was not considered, orders dated 31.5.2003 and 8.7.2003 were set aside and the matter was remanded to the trial court.

(2.) After remand of the case the learned MM noted that order dated 19.7.2003, vide which notice was framed, had not been set aside. He also pointed out that in view of the judgment of the Supreme Court in the case of Adalat Prasad Vs. Roop Lal Jindal, 2004 VIII AD (S.C.) 533 =113 (2004) DLT 356 (SC) the MM could not recall the summoning orders. Feeling aggrieved against this order the petitioner filed revision petition, which has also been dismissed vide order dated 22.8.2006. In this order it is specifically noted that on 19.9.2005 the learned counsel for the petitioner did not press the application for recalling of summoning orders in view of the judgment in Adalat Prasad Vs. Roop Lal Jindal (supra) and the matter was, therefore, put up for arguments under Section 251 of the Code of Criminal Procedure. On the adjourned date, i.e. 19.1.2006 the petitioner did not appear and, therefore, order was passed listing the matter for evidence of the complainant. The learned ASJ further observed that order dated 19.7.2003 framing the notice had not been set aside and, therefore, the MM was right in proceeding further in the matter as is clear from the following part of the order:-

(3.) The revision was also found to be belated and time-barred and this was the additional ground for dismissing the petition.