SUNIL GAUR
Avnish Jain – Appellant
Versus
State (NCT of Delhi ) – Respondent
JUDGMENT (ORAL)
Sunil Gaur, J.—Quashing of Criminal Complaint No.1460/1/2014, M/S Bharat Enterprises Vs. M/S Air Link Engineers Pvt. Ltd., under Section 138 of The Negotiable Instruments Act, 1881 and the summoning order of 12th November, 2012 is sought on merits in this petition.
2. At the hearing, it was disclosed by learned counsel for petitioners that Notice under Section 251 of Cr.P.C. has not yet been framed and now the matter is fixed before the trial court for appearance of petitioner-accused.
3. At the outset, it is made clear that learned counsel for petitioners has not been heard on merits. Since petitioners have an alternate and efficacious remedy available to them to urge the pleas taken herein before trial court at the time of framing of Notice under Section 251 of Cr.P.C., therefore, this Court finds that inherent powers of this Court under Section 482 of the Cr.P.C. are not required to be invoked to quash the proceedings arising out of the complaint in question. It is being so said in view of dictum of the Apex Court in Bhushan Kumar & Anr. Vs. State (NCT of Delhi) & Anr. AIR 2012 SC 1747, which persuades this Court not to exercise inherent jurisdiction under Sectio
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