H.R.PANWAR, J. - (1.) HEARD learned counsel for the parties.
(2.) BY the instant criminal misc. petition, the petitioners have assailed the order dated 16.7.2001 passed by Chief Judicial Magistrate, Churu (for short 'the Trial Court' hereinafter), whereby the Trial Court took the cognizance of offence under Sec. 138/141 of Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter) against M/s. Astron Drugs and Industries Ltd. and its Man- aging Director Shri Prateek P. Shah. However, by very order, the petitioners have been summoned by a bailable warrant though no cognizance of offence was taken against them. Learned counsel for the complainant fairly submits that cognizance of offence is only against the firm and the Managing Director and not against the persons named in the complaint at serial No. 3 to 11 and bailable warrant had wrongly been issued by the Trial Court. Keeping in view the fact that the cognizance of offence has not been taken against the present petitioners, in my view the Trial Court fell in error in summoning them by a bailable warrant. The order dated 16.7.2001 summoning the petitioner by a bailable warrant is deserves to be set aside.
(3.) CONSEQUENTLY , the criminal misc. petition is allowed. Order impugned dated 16.7.2001 summoning the petitioners by a bailable warrant is set aside. Stay petition also stands dismissed.;