MADAN AGGARWAL Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the summoning order dated 27.7.1999 under Section 138 of the Negotiable Instruments Act passed by Metropolitan Magistrate Delhi, and order dated 10.2.2005 also passed by Metropolitan Magistrate, Delhi, declining to recall the summoning order.

(2.) I have heard Ms.C.M. Chopra, learned counsel for the petitioner, Ms. Shobha, learned counsel for the respondent No.2 and Ms. Santosh Kohli, learned Additional Public Prosecutor, on the point of admission, and have gone through the copies of the documents placed on the file.

(3.) As per complaint under Section 138 read with section 141 and 142 of the Negotiable Instruments Act, read with section 420 and 406 of the Indian Penal Code, the case of the complainant is that it is a Government company. Its object is to promote small scale industrial units in the country. In para 3 it is alleged that accused No.1 is a company having its registered office at New Delhi. Accused Nos.2 to 9 are persons who are controlling the business affairs of the accused No.l and are in-charge of and responsible to the accused No:l company for the conduct of the business thereof. They are playing active role in the management and in the day-to-day affairs of the accused No. 1.