SHAMSUL ISLAM Vs. KANPUR NAGAR

JUDGEMENT

(1.) This is a petition to quash the orders Annexures 13 and 14 dated 25-11-1999 and 20-3-2002 respectively of the petition passed by ACMM, Kanpur Nagar and Addl. Sessions Judge, Kanpur Nagar.

(2.) I have heard Shri K. K. Tripathi, learned counsel for the petitioner and Sri P. K. Srivastava, learned counsel for O. P. No. 3 and the AGA.

(3.) In this case it is admitted that there was business transactions between parties and a cheque dated 26-3-1994 for Rs. 1,13,816.00 was given to O. P. No. 3 by the petitioner and the O. P. No. 4. The cheque was dishonoured by the Bank on 22-8-84 and therefore the complaint was filed under Section 138 N. I. Act against the petitioner as well as against O. P. No. 4. However, the complaint against O. P. No. 4, who joined in issuing the cheque with the petitioner, have been dismissed and the Revision filed against that order has also been dismissed. The said order has become final and the complaint is now proceeding against the petitioner only. The petitioner applied for recall of the summoning order for offence under Section 138 N. I. Act, which was rejected by the Magistrate concerned by order dated 25-11-1999 Annexure 13 to the petition. The Revision filed by the petitioner has also been dismissed on 20-3-2002 by order Annexure 14 to the petition.