JAI DURGA ENTERPEISES Vs. STATE OF U P

JUDGEMENT

(1.) Application under Section 482 Cr. P.C. has been filed by M/s Jai Durga Enterprises and Dharmendra Singh, applicants against respondent No. 2, M/s Indo Automobiles praying to quash the order dated 2.4.2005 passed in criminal case No.1113/ 2005, M/s Indo auto Mobiles vs. M/s Jai Durga Enterprises, under Section 138 of Negotiable Instruments Act. P.S. Kotwali Nagar, District Saharanpur passed by Judicial Magistrate 1st, Saharanpur whereby the applicants/accused were summoned for trial.

(2.) Brief facts arising out of this application are that opposite party No. 2, M/s Indo Automobiles filed criminal complaint against the above applicants/accused, wherein it was stated that he was manufacturer of tractors under the name of Indo Firm Equipment Limited and supplying tractors to its customers and under the transaction of said tractor the applicants were liable to pay Rs.13,22,000/- to which the applicants have given a cheque of Rs. 13,22,000/- dated 29.4.04 to opposite party no. 2/complainant, which was presented by him in his banker and the same was dishonoured by the bank After the dishonour of the cheque, opposite party No. 2 gave a notice on 18.5.2004 to the applicants, which was not received by the applicants, then, the complaint was filed by opposite party No. 2 against the applicants. Thereafter, statement of complainant was recorded by the court below under Section 200 Cr. P.C. Then, he was summoned for the trial for the offence under Section 138 Negotiable Instruments Act.

(3.) Feeling aggrieved by its, the applicants/accused filed an objection against the summoning order, which was rejected by the court below vide order dated 2.4.2005. Thereafter, this application has been filed in this court.