MEERA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WITH the consent of learned Counsel for the parties present before this Court, this petition is being finally disposed of.

(2.) CASE of the petitioners is that non -petitioner No. 2 Smt. Taramani filed a criminal complaint before the trial court for alleged commission of offence under Section 138 of the Negotiable Instruments Act and the learned Judicial Magistrate No. 1, Ganganagar subsequent thereto, without first applying his judicial mind to allegations under the complaint, proceeded to take to congnizance of the alleged offence and further, without complying with the mandatory provisions of Sections 200 and 202, CrPC, vide impugned order dated 3.3.1990, straight away took cognizance of the aforesaid offence and issued summons to the accused petitioner for appearance on 24.4.1990 and dates subsequent thereto.

(3.) MEANWHILE , as submitted by learned Counsel for the petitioner, before any final order disposing of the application moved by the accused petitioner be passed, this revision petition was preferred and a stay order was passed on 13.7.1990 and thereafter no further proceedings could be taken by the trial court.