OM PARKASH AND ORS Vs. RANDHIR KHANNA

JUDGEMENT

(1.) Petitioners, Om Parkash, Harish Bhutani and Manoj Taneja, have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code")invoking the inherent jurisdiction of this Court for quashing complaint No. 644 dated 3.10.2005 titled as "Randhir Khanna v. Quality Textiles Finishing Mills and Ors." filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") pending in the Court of JMIC, Amritsar, and all the consequential proceedings arising therefrom as well as order dated 3.8.2007 (Annexure P-2), vide which they were declared as proclaimed offenders.

(2.) The above said complaint was filed by Randhir Khanna, respondent-complainant against the petitioners-accused under Section 138 of the Act and on the basis of the preliminary evidence produced before the Judicial Magistrate, they were summoned to stand their trial for the aforesaid offence, which was in respect of the dishonoring of three cheque, detailed in the complaint, and the non-payment of the amount of those cheques, in spite of the issuance of statutory notice by the complainant. Petitioners did not appear before the Judicial Magistrate in spite of their service and ultimately, proceedings were initiated against them under Section 82 of the Code and they were declared as proclaimed offenders. After recording the evidence of the complainant under Section 299 of the Code, the records were consigned. Subsequently, the petitioners appeared and made an application for anticipatory bail. During the pendency of that bail application, the petitioners deposited Rs. 45,000/-; the total amount of the cheques, and in view of that deposit they were granted anticipatory bail.

(3.) Notice of the petition was given to the respondent.