KANPUR TYRES Vs. APOLLO TYRES LIMITED

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for the quashing of complaint dated 27.8.2002 (P1) under Sections 138 and 142 of the Negotiable Instruments Act (for short "the Act") and Section 420 of the Indian Penal Code, the order dated 20.8.2003 (P3) vide which they were summoned, as accused, under Section 138 of the Act and Section 420 of the Indian Penal Code, and also the order dated 8.9.2004 (P4) of the revisional court of the learned Additional Sessions Judge ordering that the offence committed by them fell within the ambit of Section 138 of the Act only.

(2.) The trial court has only ordered summoning of the petitioners, as accused. It is, therefore, open to them to plead before the Magistrate that the process against them ought not to have been issued, and this right flows to them from the provision contained in Section 245 (2) of the Code of Criminal Procedure, which reads as under:-

(3.) If any authority is needed on the point, reference may be made to AIR 1992 (S.C.) 2206, K.M.Mathew vs. State of Karela and another, in which it was held that "the order issuing the process is an interim order and not a judgment. It can be varied or recalled. The fact that the process has also been issued is no bar to drop the proceedings if the complaint on the very face of it does not disclose any offence against the accused". In the light of what has been discussed above, it is held that it is not a fit case calling for quashing of the complaint and the summoning order, in the exercise of inherent powers under Section 482 of the Code of Criminal Procedure. But, it is clarified that the petitioners will be within their rights to take up all the pleas available to them, before the trial court, at appropriate stage. Dismissed.