Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: January 28, 2019
+ CRL.M.C. 433/2019, Crl.M.A. 1886/2019
SINGHANIA AND PARTNERS ..... Petitioner
Through: Mr. Vivek Goel and Mr. Kunal
Dutta, Advocates
Versus
WAE CORP INDIA PRIVATE LIMITED & ORS. ...Respondents
Through: Nemo.
+ CRL.M.C. 439/2019, Crl.M.A. 1899/2019
SINGHANIA AND PARTNERS ..... Petitioner
Through: Mr. Vivek Goel and Mr. Kunal
Dutta, Advocates
Versus
WACORP HYUNDAI INDIA LIMITED & ORS. .....Respondents
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R
(ORAL)
In the above captioned two petitions, the challenge is to order of
th
14 December, 2018 vide which, trial court in CC No. 645/2017 and
646/2017 has issued fresh summons to the accused in proceedings under
Section 138 of Negotiable Instruments Act, 1881.
CRL. M.C. 433/2019 & CRL.M.C. 439/2019 Page 1 of 2
Notice of these petitions to opposite side is dispensed with, as the
opposite side has not been served before trial court in pursuance to
impugned order.
Since the issue of these two petitions is identical, therefore, the
above captioned petitions have been heard together and are being
disposed of by this common order.
Learned counsel for petitioner draws the attention of this Court to
th
the trial court’s order of 18 July, 2017 and its perusal reveals that
respondent No. 1 herein is already served and so there is no requirement
for serving first respondent again. It is submitted that bailable warrants
against first respondent ought to have been issued by the trial court.
th
Upon hearing, impugned order of 14 December, 2018 is modified
to the extent that summons be now served upon respondent Nos. 2 and 3
and the presence of first respondent be obtained by issuance of bailable
warrants against respondent No. 1 as he is already served. It is so
th
recorded in trial court’s order of 18 July, 2017.
With aforesaid modification in the impugned order, both petitions
and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JANUARY 28, 2019
p’ma
CRL. M.C. 433/2019 & CRL.M.C. 439/2019 Page 2 of 2