DESH DEEPAK SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) CRIMINAL MC No. 639/2005 is directed against the summoning order dated 18th july, 2001 passed by the learned metropolitan Magistrate, New Delhi ('mm')summoning the Petitioners under Section 138 of the Negotiable Instrument Act, 1881 ('ni Act') in Complaint Case No. 631/1999 filed by the Respondent Nos. 2 and 3. By the impugned order, the learned MM after perusing the complaint, the cheques in question and the pre-summoning evidence concluded that there was sufficient material to summon the accused under Section 138 of NI Act and that "no other offence other than Section 138 of NI Act is made out. "

(2.) TO the extent that the learned MM declined to summon the accused under section 420 and 406 IPC, the complainants respondents 2 and 3 filed revision petitions before the learned Additional Sessions Judge ('asj' ). Initially the revision petitions were dismissed on 10th April 2004 as being not maintainable. However, this Court by an order dated 17th August 2004 remanded the case to the Court of the learned ASJ for disposal of the revision petition on merits. The learned ASJ by an order dated 19th july 2005 allowed the revision petitions after coming to the conclusion that the Petitioners were required to be summoned to face trial under Section 420 read with Section 34 ipc. Aggrieved by the said order dated 19th July, 2005, the Petitioners filed Criminal mc Nos. 3895-96 of 2005.

(3.) SINCE both the petitions, i. e. Criminal MC no. 639/2005 and Criminal MC Nos. 3895-96 of 2005 arise out of the same facts they are being disposed of by this common judgment.