- (1.) Heard Sri Manish Tiwary and Sri A.K.Awasthi, learned counsel for the petitioner, learned A.G.A.for the State of U.P., Sri A.K.Goel & Dr. A.K.Srivastava, learned counsel for respondent no.2.
(2.) This petition has been preferred by petitioner Smt. Radhika Khandelwal with the following prayer: (a) to issue a writ, order or direction in the nature of certiorari quashing the orders dated 29.11.2004 passed by Additional Sessions Judge, Fast Track Court No.2, Bareilly ( Annexure-1) in Criminal Revision No. 311 of 2004 and also the order dated 28.8.2004 passed by J.M.I Bareilly in Case No. 2386 of 2004 ( Annexure-2) (b) to issue a writ, order or direction in the nature of mandamus directing the respondent to stay all further proceedings arising out of Crl. Case No. 2386 of 2004 Promod Khandelwal vs. Radhika Khandelwal u/s 138 of Negotiable Instrument Act, P.S. Kotwali District Bareilly depending in the court of Judicial Magistrate I,Bareilly during the pendency of this writ petition in this Hon'ble court, (c) to issue any other writ, order or direction which this Hon'ble court may deem fit and proper. and (d)award cost to the petitioner
(3.) The facts, in brief, of this case are that a complaint under sections 138/142 N.I.Act and section 420 I.P.C.has been filed by O.P.No.2 Promod Khandelwal against the petitioner in which the petitioner has been summoned under section 138 N.I.Act by C.J.M.Bareilly but in pursuance of the order passed by learned C.J.M. Bareilly, the petitioner did not appear in the court of learned C.J.M. Bareilly, thereafter, the petitioner moved application under section 204 Cr.P.C. on 1.10.2003 and application under section 205 Cr.P.C.has been moved on 1.10.2003 with a prayer that the complainant may kindly be directed to supply the copy of complaint to the applicant and time to submit the claim for discharge may kindly be permitted to the petitioner under section 204 Cr.P.C.and the prayer in the application under section 205 Cr.P.C.has been made that the personal appearance of the petitioner may kindly be exempted till further orders and the applicant may kindly be permitted to appear before the court concerned through counsel. Both the applications under section 204 and 205 Cr.P.C. have been decided by the learned Judicial Magistrate I Bareilly on 28.8.2004 by which the application under section 205 Cr.P.C. has been rejected and the application under section 204 (3) Cr.P.C.was allowed and the complainant was directed to furnish the copy of the complaint to the petitioner within a week and the petitioner was directed to appear before the court concerned on 25.9.2004, the order dated 28.8.2004 passed by learned Judicial Magistrate I Bareilly under section 205 Cr.P.C.has been challenged by the petitioner before the Sessions Court by way of filing Criminal Revision No.311 of 2004, the same has been dismissed by learned Additional Sessions Judge/FTC Court No. 2, Bareilly on 29.11.2004. Being aggrieved from the order dated 29.11.2004, the petitioner has preferred this writ petition.;