PROCIMAX ENGINEERS PRIVATE LTD Vs. SEEMA INDUSTRIES

JUDGEMENT

(1.) THIS criminal application is filed by the petitioners (original accused), being aggrieved by the order of issuance of process by the Additional Chief Metropolitan Magistrate 4th Court at Girgaum Bombay in Case No. 172/S/of 1992 for offences punishable under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code.

(2.) THE petitioners are not present nor their advocate is present. Perused the proceedings. There is an ad interim stay of proceedings pending before the lower Court, granted by this Court on 22nd September 1992 and it is obvious that for the last about more than seven years, everything has come to standstill.

(3.) THE complaint dated 23rd July, 1992 further states that accused Nos. 2, 3 and 4 on behalf of accused No. 1 placed order with the complainant for supply of M.S. fabricated steel casing M.S. fabricated zinc tank, M.S. fabricated lead tank, M. S. fabricated casing, etc. by making representation to the complainant firm that the accused would pay price of the goods supplied to them. The complainant firm, thereafter delivered the items as per their specifications against delivery challans. The price and cost of the above said items came to Rs. 4,36,392/ against various bills.