SIGNAPS Vs. BUMPY UDYOG

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) filed by the petitioners seeking quashing of Criminal Complaint No. 214 of 2002 (M/s. Bumpy Udyog v. M/s. Signaps) pending in the Court of the learned Additional Sessions Judge, Delhi (ASJ) and an order dated 28t'., May, 2003 passed by the learned ASJ dismissing the application for recalling of the summoning order dated 15th September, 2000 passed by the learned Metropolitan Magistrate, Delhi (MM).

(2.) AT the outset, learned Counsel for the petitioners fairly states that in view of the judgment of the Supreme Court in Adalat Prasad v. Rooplal Jindal, III (2004) CCR 176 (SC), he cannot really challenge the impugned order of the learned ASJ declining to recall the summoning order and that the only remedy available to the accused is to challenge the summoning order by way of the present petition under Section 482, Cr.P.C. He accordingly confines his arguments in the present case to questioning the summoning order and seeking the quashing of the criminal complaint.

(3.) ACCORDING to the petitioners here, the complainant has wilfully suppressed in the complaint fact that there was a written agreement dated 3rd August, 1998 executed between the complainant and the petitioners here which was for a period of one year initially and extendable for a further period on the mutual written consent of the parties. A reference is made to Clauses 12 and 13 of the said agreement which read as under: