CHANDA ELECTRICALS Vs. STATE OF U P

JUDGEMENT

(1.) IKRAM-ul-Bari, J. M/s. Chanda Electricals have applied under Section 482, Cr. P. C. for the quashing of the com plaint dated 23- 9-1996 (Annexure-5 to the petition), the order of summoning dated 21-8-1997 (Annexure-6 to the petition) and the order dated 9-9-1998 (Annexure-8 to the petition ).

(2.) THE complaint was made by the opposite party No. 2 on 23-9-1996 before the Chief Judicial Magistrate, Lucknow alleging an offence punishable under Section 13 of the Negotiable Instrument Act of 1881, on which Criminal Case No. 1250 of 1997 (Mis. Pepsico India Holdings Private Ltd. v. Chanda Electricals) was registered. THE learned Magistrate passed an order on 21-8-1997 summoning the ap plicants for trial for the offences punish able under Section 420, I. P. C. and Section 138 of the Negotiable Instruments Act. THE applicants moved an application dated 20-12-1997 before the learned Magistrate for cancellation of the order of summoning firm and for his discharge and also for dismissal of the complaint.

(3.) THE learned Chief Judicial Magistrate considered the respective pleas of the applicant and the opposite party-No. 2 and, observing that the contention of the applicants can be examined during the trial, dismissed the application for recall of the summoning order etc.