DELHI AUTOMOBILES LTD Vs. MOHAN EXPORTS INDIA LTD

JUDGEMENT

(1.) THE present petition arises out of an order passed by the Additional sessions Judge dated 12. 8. 2005, whereby the learned Additional Sessions judge set aside the order passed by the Metropolitan Magistrate, who was pleased to allow the application filed by the petitioners to dismiss the complaint on the ground that the same was time barred as it was based upon a second notice.

(2.) THE Additional Sessions Judge allowed the revision petition filed by the respondents relying upon the judgment delivered by the Apex Court in adalat Prasad v. Roop Lal Jindal, 2004 Volume 113 DLT 356 : 2004 (77) DRJ 440, wherein it had been held that the Magistrate did not have jurisdiction to recall/review his own order in having summoned the petitioners to face trial for an offence under Section 138 of the Negotiable instruments Act (for short "ni Act") on a complaint filed by the respondent for the prosecution of the petitioners on account of dishonor of a cheque for rs. 25 lakhs, which it was stated had been issued by the first petitioner under the signatures of the second petitioner for repayment of corporate loan which was taken by the petitioners from the respondent.

(3.) IT is thereafter the present petition under Section 482 Cr. P. C. had been filed by the petitioners seeking quashing of the proceedings in the complaint Case bearing No. 105/1 dated 7. 1. 2004 titled as M/s. Mohan exports India Ltd. v. M/s. Delhi Automobiles Ltd. and Anr. pending in the Court of MM Patiala House, New Delhi.