EVEREST HAND BOBANS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vijaya Prakash, learned counsel for applicants and learned AGA for State of U.P. None appeared on behalf of complainant.

(2.) M/s Everest Hand Bobans through its Managing Director, Ratan Kaul and Ratan Kaul as applicants- 1 and 2, respectively, have filed this application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") praying for quashing entire proceedings of Case No. 7073 of 2002 pending in the Court of Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad as well as summoning order dated 01.02.2003 passed by aforesaid Court, summoning applicant-2 Ratan Kaul for an offence under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as "Act, 1881"). Court below has also rejected objection filed by applicants for discharge under Section 204 Cr.P.C. vide order dated 26.03.2004 and said order has also been challenged.

(3.) Further, applicants also preferred Criminal Revision No. 143 of 2004 against summoning order as well as order dated 26.03.2004. Said revision has been rejected by Sri Prabhu Ji, Additional Sessions Judge, Court No. 9, Ghaziabad vide order dated 17.02.2005 but this order of Revisional Court is not under challenge.