( 1 ) THIS appeal by special leave is directed against the judgment dated May 20,1996 passed by Shri Sanjay Garg, M. M. , Delhi.

( 2 ) FACTS giving rise to the present appeal, in brief, are that Shiv Kumar, appellant, filed a complaint u/s. 138 of the Negotiable Instruments Act against Mohd. Saghir, respondent 1 and M/s. Mohd. Rafiq Mohd. Shafiq and Co. , respondent 2, on 11. 11. 91 and vide order dated July 4, 1994, both these respondents were summoned as accused for 9. 9. 94 by the trial Magistrate. Respondent 1 who appeared on 9. 9. 94 was admitted to bail. On that date itself appellant filed an application u/s. 319 Cr. P. C. and on that application Mohd. Atiq, Mohd. Abid, Mohd. Javed and Mst. Jamila Khatoon, respondents 3 to 6 being partners of respondent 2, were further ordered to be summoned as accused for 2. 3. 95 by the trial magistrate vide order dated 16. 1. 95. Thereafter on 14. 2. 96 respondent 1 put in appearance along with Shri M. P. Singh, Advocate and the latter made a statement that he will be producing the remaining respondents on the next date of hearing and the case was postponed to 27. 3. 96 for appearance of respondents 3 to 6. On that date resp