R.B. PATADIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY the instant criminal misc. petition, the petitioners have assailed the order dated 16.7.2001 passed by Chief Judicial Magistrate, Churu (for short 'the Trial Court' hereinafter), whereby the Trial Court took the cognizance of offence under Sec. 138/141 of Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter) against M/s. Astron Drugs and Industries Ltd. and its Man- aging Director Shri Prateek P. Shah. However, by very order, the petitioners have been summoned by a bailable warrant though no cognizance of offence was taken against them.

(3.) CONSEQUENTLY , the criminal misc. petition is allowed. Order impugned dated 16.7.2001 summoning the petitioners by a bailable warrant is set aside. Stay petition also stands dismissed.