VIJAY MALLYA Vs. DELHI INTERNATIONAL AIRPORT PRIVATE LIMITED

JUDGEMENT

(1.) These four petitions have been filed by the petitioner under Section 482 and 483 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the "Cr.P.C.") for quashing of order dated 02.09.2014, passed by the learned Sessions Judge, Patiala House Courts, New Delhi whereby the revision petition moved by the petitioner was dismissed, which was filed against the order dated 13.01.2014 passed by the learned Metropolitan Magistrate summoning the petitioner as an accused under Section 319 of the Cr.P.C. Since the present petitions have been preferred against common impugned orders dated 13.01.2014 and 02.09.2014, all the petitions are being decided together.

(2.) The factual matrix, as per record, is that the respondent/ complainant had filed four complaints under Section 138, 139, 141 and 142 of the Negotiable Instruments Act, 1881 read with Sections 406, 415 and 420 of the IPC against the accused persons, namely, M/s Kingfisher Airlines Limited, Mr.Sanjay Aggarwal (Chief Executive Officer), Mr.A. Raghunathan (Chief Financial Officer), Mr.Inder Singh (Authorized Signatory) and Mr.G. Visweswaran (Authorized Signatory). The Court below had taken the cognizance on 22.06.2012. The complainant had adduced pre - summoning evidence. Summons against the above accused persons were issued on 22.06.2012. On 12.08.2015, notice under Section 251 of the Cr.P.C. was framed against the accused persons.

(3.) During the pendency of the complaints, application under Section 319 Cr.P.C. was filed by the complainant for summoning the petitioner as an accused. The learned Magistrate vide common order dated 13.01.2014, allowed the said application and summoned the petitioner as accused. Thereafter, the petitioner filed four revision petitions which were dismissed by the Court of Session vide common order dated 02.09.2014. Feeling aggrieved by the same, the present petitions have been preferred by the petitioner.