LAXMI DEVI KHATER; NORATAN MAL KHATER Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2008-1-300
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 24,2008

LAXMI DEVI KHATER; NORATAN MAL KHATER Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) Primary grievance in both the aforesaid Petitions was issuance of warrants of arrest, though it has also been prayed that the summoning order, whereby the petitioners have been summoned to face trial be set aside.
(2.) Judicial Magistrate 1st Class on 22.4.1997, as is reflected in his order, examined one PW, perused the complaint and the accompanying documents and came to the conclusion that prima facie case under Section 138 of the Negotiable Instruments Act was made out and summoned the accused-petitioners to stand trial.
(3.) On 6.2.1998 an application was moved seeking exemption of personal appearance on the ground of illness. The Court had observed that the execution of warrant could not be stayed until the accused cause appearance. On 3.4.1998, warrants of arrest were issued.;


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