MADHAV INTERNATIONAL Vs. INDIA GARMENTS

JUDGEMENT

(1.) Prayer in this petition filed under Section 482 Cr.P.C is for quashing of the order dated 03.07.2008 (Annexure P-3) whereby, learned Judicial Magistrate Ist Class, Ludhiana, ordered the summoning of the petitioner after condoning the delay without hearing the petitioner to face trial for an offence punishable under Section 138 of the Negotiable Instrument Act.

(2.) Brief facts of the case are that the respondent filed Criminal Complaint No.26813 dated 10.04.2008, titled as "M/s Indian Garments Vs. M/s Madhav International" for the prosecution of the petitioner for having committed the offence punishable under Section 138 of the Negotiable Instrument Act. The prayer was also made for condonation of delay in filing the complaint on the grounds as mentioned in the application enclosed with the said complaint.

(3.) On 03.07.2008, learned Judicial Magistrate Ist Class, Ludhiana, had passed the following order:-