/ 20 * + % ,! IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 3169/2007 AKASH JAIN & Anr Through versus AHUJA COLOUR LAB Through CORAM: .... Petitioners Mr. Roop Narain and Mr. Sachin Bansal, Advocates. ... Respondent Mr. Akshay Malik, Adv. HON'BLE MR. JUSTICE SANJIV KHANNA ORDER 11.05.2010 After some hearing counsel for the respondent concedes that • no notice was served upon the two petitioners under Section 138 of the Negotiable Instruments Act, 1881 (Act for short} and, therefore, the summoning order against them cannot be sustained. He states that this statement is made without prejudice to the rights and contentions of the respondent that an offence under Section 138 of the Act has been committed by Ballani Bipin Kishinchand. Counsel for the respondent states that this statement will not cause any prejudice to their case against Ballani Bipin Kishinchand. It is further stated that the respondent has made allegations the petitioners that they had committed an offence under Section 42\J of Signing Date:31.07.2024 16:37:44 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified the Indian Penal Code and this statement will not come in the way of the respondent pressing and stating that the petitioners herein should be summoned under the said section. In view of the statement made by the counsel for the respondent, the summoning order dated 6th May, 2003 summoning the petitioners herein under Section 138 of the Act is set aside and quashed. It is clarified that the statement made by the counsel for the respondent will be without prejudice to the rights and contentions of the respondent in respect of the complaint against Ballani Bipin Kishlnchand. It is clarified that this Court has not expressed any opinion on merits. It will be open to the respondent to press his case that an offence under Section 420 of the Indian Penal .» • Code is made out. This Court has not expressed any opinion in this regard. The petition is accordingly is disposed of. MAY 11,2010 NA -- L_ SANJIV KHANNA, J.