- (1.) B. C. Kandpal J. By means of this petition the appli cants, who are the Standard Chartered Bank and its Officers, have challenged the order dated 22-5-2006 passed by the Judicial Magistrate, Haldwani taking cognizance in criminal complaint case No. 444/2006, U/ss 420, 406, 120-B I. P. C. against the applicants.
(2.) BRIEF facts of the case are that the applicant No. 1 is the Standard Chartered Bank, a Company incorpo rated in England by Royal Charter, and having its principal office at 1, Aldermanbury Square, London and one of its branch offices in India at Mumbai. The applicants Nos. 2 and 3 are the Officers of the Bank. The respondent Nos. 2 M/s Mega Motors Limited is a partnership firm and an approved dealer of respond ent No. 3 M/s Tata Motors Limited hav ing its office at Tikonia, Nainital Road, Haldwani, Uttaranchal, a criminal com plaint before the court of Judicial Mag istrate, Haldwani U/ss 406,420 and 120-B I. P. C. against the Tata Motors Ltd. and its Officers as well as the peti tioner Bank. The statement of the complain ant was recorded U/s 200 Cr. RC. and thereafter the statement of the witness of the complainant was recorded U/s 202 Cr. RC. The Judicial Magistrate af ter having perused the complaint as well as the statement of the complainant and his witness passed an order on 22-5-2006 taking cognizance in the matter by issuing summons to the petitioners.
(3.) THE petitioners have thus chal lenged the summoning order as well as the proceedings of the criminal com plaint case No. 444/2006, pending in the court of Judicial Magistrate, Haldwani, by way of this petition. The respondent No. 2 has filed the counter affidavit denying the allega tions made in the petition.;