MEENA H MADHANI Vs. DIXON KNITWEARS

JUDGEMENT

(1.) Meena H. Madhani, proprietor of M/s Shree Krishna Apparels, Kolkata (West Bengal) has brought this petition under the provisions of section 482 Cr.P.C. for quashing of criminal complaint no. 812/2 dated 25.11.2009 (Annexure P-1) titled as M/s Dixon Knitwears v. M/s Shree Krishna Apparels as well as the summoning order dated 27.04.2010 (Annexure P-2) and all the consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the petitioner is a resident of Kolkata. According to him, the court summoning her is located at Ludhiana ( Punjab ). According to him, as per the provisions of section 202(1) Cr.P.C. the court is required to make enquiry before issuing process to the petitioner.

(3.) Learned counsel for the petitioner drew my attention to Annexure P-2 the order of learned Judicial Magistrate Ist Class, Ludhiana summoning the petitioner. According to him, the order does not reveal that the enquiry envisaged by section 202(1) Cr.P.C. had been conducted by the Magistrate. According to him, for this reason the order becomes bad. He has further submitted that in similar situation, in the cases given below, the orders of summoning has been held violative of the provisions of section 202(1) Cr.P.C. and have been set aside:-