SURYA KANT,J - (1.) PETITIONER No. 2, in her capacity as proprietor of one Santosh Plastics, had some business transactions with respondent No. 2. It appears that respondent No. 2 gave some cheques in favour of petitioner No. 2 and/or her firm and the same having been dishonoured, five complaints under Section 138 of the Negotiable Instruments Act, were filed against respondent No. 2 at the instance of petitioner No. 2 in the Courts at Delhi. These complains were filed in the months of July/August, 2004 and it appears that in one of such complaints, summoning order was passed on 4.10.2004 which was served upon respondent No. 2 on 17.12.2004.
(2.) ACCORDING to the petitioners, respondent No. 2, as a counter blast to the aforementioned complaints, got registered FIR No. 83 dated 12.3.2005, under Sections 419/420/465/468/471/474/34 IPC at Police Station City Sonepat against them. Apprehending their arrest in the aforementioned FIR, petitioners No. 1 and 2, who are husband and wife, filed a petition under Section 438 Cr.P.C. (Criminal Misc. No. 19268-M of 2005) in which the following ad-interim order was passed by this Court on 4.4.2005 :- "Meanwhile, arrest of the petitioners is stayed subject to the condition that they shall appear before the Investigating Officer on 12.4.2005 at 10 AM and also on any other date(s) as directed by the Investigating Officer and they shall fully cooperate in the investigation. In case they are required to be arrested, they shall be released on bail to the satisfaction of arresting officer. Further, they shall not leave India without the prior permission of the trial Court and they shall surrender their passports before the Investigating Officer".
(3.) THE third petitioner, namely, son of petitioners No. 1 and 2 also filed Criminal Misc. No. 19756-M of 2005 for the grant of pre-arrest bail in which the following ad-interim order was passed by this Court on 8.4.2005 :- "Meanwhile, arrest of the petitioner is stayed subject to the condition that they shall appear before the Investigating Officer on 18.4.2005 at 10 AM and also on any other date(s) as directed by the Investigating Officer and he shall fully cooperate in the investigation. In case they are required to be arrested, he shall be released on bail to the satisfaction of arresting officer. Further, he shall not leave India without the prior permission of the trial Court and he shall surrender his passport before the Investigating Officer". ;