AGARWAL AUTO TRADERS Vs. GLOBE TRACTORS

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of the Code of Criminal Procedure by Agarwal Auto Traders and its partners Mahendra Kumar Agarwal, Darpan Agarwal and Smt. Uma Agarwal wife of Mahender Kumar Agarwal praying for setting aside order dated 7.7.1997 passed by Judicial Magistrate 1st Class, Karnal, (Copy Annexure P14), and the impugned order of summoning dated 31.1.1996, copy Annexure P15, passed in criminal complaint case No. 222 of 1996 by M/s. Globe Tractor (Agencies) G.T. Road, Karnal through Kashmiri Lal.

(2.) THE respondent-M/s. Globe Tractors filed the said criminal complaint case under Section 138 of the Negotiable Instruments Act, 1881 (for short to be referred as the Act 1881), copy Annexure P8, on 27.11.1995 against M/s. Agarwal Auto Traders, Ramnagar Road, Kashipur, District Nainital (U.P.) through Shri Mahendra Agarwal, Director of Agarwal Auto Traders, Darpan Agarwal, Director of Agarwal Auto Traders and Mrs. Usha Agarwal.

(3.) THE petitioners in pursuance of the order of this Court quoted above filed an application in the shape of written arguments, copy Annexure P13, dated 1.7.1997 in the Court of Ms. Shalini Singh, Judicial Magistrate 1st Class, Karnal praying for recalling of summoning order dated 31.1.1996 and to dismiss the complaint and discharge the accused in the complaint case. The matter came up for hearing before Judicial Magistrate 1st Class, Karnal, who vide order, copy Annexure P14, held that the impugned order of summoning was not liable to be recalled and the impugned complaint was not liable to be dismissed. Consequently, the application of the petitioners was dismissed. Feeling aggrieved against the order dated 7.7.1997 passed by Judicial Magistrate 1st Class, Karnal, the accused petitioners have filed this petition seeking not only the quashing of the impugned order dated 7.7.1997 of Judicial Magistrate 1st Class, Karnal but also the order of summoning dated 31.1.1996 passed by Chief Judicial Magistrate, Karnal, copy Annexure P15, and proceedings subsequent thereto pending before Judicial Magistrate 1st Class, Karnal.