M L SIKARIA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this petition under section 482 of the Code of Criminal Procedure prayer has been made to set aside the order dated 11.8.1987 passed by the Judicial Magistrate, Rampur whereby seven petitioners and Omni Medicare Limited, K.L. Goyal and D.K. Agarwal have been summoned under section 138 of the Negotiable Instruments Act and section 120-B of the Indian Penal Code. The said order has been confirmed in revision also by order dated 25.8.1998. Prayer has also been made for quashing the order passed in revision.

(2.) SRI Rajeev Gupta, learned counsel appearing for the petitioner and Sri Ram Mohan, holding brief of Sri Neeraj Pandey for opposite party No. 2 and the learned A.G.A. have been heard.

(3.) ON the request of the accused Company the cheque was again presented at Punjab National Bank, Rampur for encashment. Again the cheque was dishonoured on 12.5.1997.