ARCHNA MANGAL Vs. KAPIL DEV

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the complainant petitioner, seeking quashment of the order dated 4.8.1998 passed by the Additional Sessions Judge, accepting revision petition of the accused against the summoning order dated 16.11.1996 and subsequent order dated 6.5.1997 serving notice of accusation upon the accused, both passed by the learned Magistrate.

(2.) FACTS , which are relevant for the decision of the present petition, are that complainant-petitioner Archna Mangal filed a criminal complaint under Section 138 of the Negotiable Instruments Act and under Sections 406 and 420 IPC against accused respondents Kapil Dev, proprietor and M/s Vishal Steel, through its proprietor, Kapil Dev. Said complainant was filed on 27.7.1996. On the same day, the learned trial Court directed that the complaint be registered and the case was adjourned to 6.11.1996 for recording the complainant's evidence. After recording preliminary evidence, the learned trial Court vide order dated 16.11.1996 ordered summoning of the respondents as accused. After accused had put in appearance on 4.3.1997 and accused Kapil Dev was released on bail, the learned trial Court adjourned the case for serving notice of accusation. Vide order dated 6.5.1997, the learned trial Court served the notice of accusation upon the accused, to which notice accused pleaded not guilty and the case was adjourned for complainant's evidence. One PW was examined and the case was at the stage of remaining evidence of the complainant when the learned Additional Sessions Judge had quashed the orders dated 16.11.1996 and 6.5.1997, passed by the Judicial Magistrate.

(3.) I have heard the learned counsel for the petitioner and have gone through the record, including the trial Court record, carefully.