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2002 Supreme(Del) 164

K.S.GUPTA
YOGENDRA KUMAR MODI – Appellant
Versus
STATE OF DELHI – Respondent


K. S. Gupta

( 1 ) IN this batch of petitions filed by Yoginder Kumar Modi, challenge is to a part of identical order dated 12/12/2000 passed by a metropolitan Magistrate whereby Pir Mohammed or any Executive Officer of rossel Finance Ltd. , Mumbai arrayed as accused No. 2, was allowed to be dropped from the array of accused.

( 2 ) PERSONS impleaded as respondent No. 2 in these petitions are the complainants who based on different FDRs have filed separate complaints under Sections 403 / 406/409/417 and 420, IPC against the petitioner arrayed as accused No. 3, P. Dinakaran, accused No. 1, Pir Mohammed or any other Executive Officer of Rossel finance Ltd. , accused No. 2 and Ms. Anupama Modi, accused No. 4. In the replies filed to the petitions it is, inter alia, alleged that said Pir Mohammed or Executive officer (accused No. 2) had been evading service of summons. In Crl. Misc. (M) 1102 and Cr. Misc. 1425/2000 this Court had directed the Trial Court to conclude the trial expeditiously and in any event withm six months by the order dated 28/11/2000. Since Trial Court had been finding it inconvenient to proceed with the complaints owing to non-appearance of said accused No. 2 answering


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