ONKARESHWAR BHATT,J. - (1.) BY means of this petition under section 482 of the Code of Criminal Procedure prayer has been made to set aside the order dated 11.8.1987 passed by the Judicial Magistrate, Rampur whereby seven petitioners and Omni Medicare Limited, K.L. Goyal and D.K. Agarwal have been summoned under section 138 of the Negotiable Instruments Act and section 120-B of the Indian Penal Code. The said order has been confirmed in revision also by order dated 25.8.1998. Prayer has also been made for quashing the order passed in revision.
(2.) SRI Rajeev Gupta, learned counsel appearing for the petitioner and Sri Ram Mohan, holding brief of Sri Neeraj Pandey for opposite party No. 2 and the learned A.G.A. have been heard. Opposite party No. 2 has filed the complaint alleging that it is a Limited Co. incorporated under the Companies Act. According to the complaint case Omni Medicare Limited is also a Company and K.L. Goyal and D.K. Agarwal and the seven petitioners are the Directors of the Company. K.L. Goyal and D.K. Agarwal the non-petitioners, took loan of Rs. 27,00,000/- from the complainant Company in or around August, 1996. It is alleged that the amount of loan was repayable. Non-petitioner D.K. Agarwal issued a post dated cheque of Rs. 29,62,500/- on 2.3.1997 in favour of the complainant Co. The cheque was returned as dishonoured when it was presented on 5.3.1997.
(3.) ON the request of the accused Company the cheque was again presented at Punjab National Bank, Rampur for encashment. Again the cheque was dishonoured on 12.5.1997.;