The learned Magistrate by means of the impugned order has proceeded to summon the Drawer for offences punishable under Section 138 Negotiable Instruments Act as well as Section 420 IPC. As the Drawer did not respond to the summons, warrants of arrest were issued by the Magistrate by an order dated 04.10.2004. These proceedings are discernible from a perusal of the order sheet annexed as annexure no. 4 to the affidavit in support of the Application.
It is at this stage of proceedings before the Magistrate that the Drawer approached this Court through the instant Application under Section 482 Cr.P.C. filed on 13.12.2004 seeking to quash the Complaint as well as impugned order and the consequential warrants of arrest dated 04.10.2004. This Court by an order dated 15.12.2004 proceeded to issue notice to the Payee returnable in six weeks directing the matter to be listed thereafter, and, by an interim order stayed further proceedings in the case before the Magistrate.
The following interim order was recorded by this Court on 15.12.2004:
“Heard learned counsel fo rthe applicant, learned A.G.A., and also perused the material on record.
Connect with Crl. Misc. Application NO. 13431 of 2004.
As per facts mentioned in paragraphs no. 16 to 18 of the affidavit, it is submitted that only on the basis of the affidavit, summoning order has been passed against the applicant which is illegal.
Issue notice to O.P. No. 2 to file counter affidavit within six weeks.
List thereafter in the next cause list.
Till then, the further proceedings of complaint case no. 3020 of 2004, M/s S.E. Investments Ltd. Vs. Radhika Automobiles Pvt. Ltd. And others, under Section 138 of Negotiable Instruments Act and Section 420 I.P.C., pending in the court of XIII A.C.M.-Room No. 46, Agra shall remain stayed against the applicant only.”
It may be noticed here that this Court while passing the interim order dated 15.12.2004 ordered the instant Criminal Misc. Application to be connected with Criminal Misc. Application No. 13431 of 2004 which is directed against the impugned order but at the instance of co-accused Ashok Rajgardia and K.L. Rajgardia who have been summoned for an offence punishable under Setion 420 IPC alone.
Notice issued to the Payee by this Court was served upon them as would appear from the Office report dated 26.02.2005 but no appearance has been put in on their behalf. This Court, accordingly, by an order dated 09.03.2005 granted further time to the Payee to file a counter affidavit and extended the interim order passed on 15.12.2004 until further orders.