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2010 Supreme(Del) 535

SHIV NARAYAN DHINGRA
RAJESH AGARWAL – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Mr. Vikas Manchanda, Advocate
Mr. O.P. Saxena, APP for the State.
Mr. Ajay Paul, Advocate.
Mr. Paritosh Budhiraja and Mr. Amit Kr.Sharma, Advocate.
Mr. Kaushal Yadav, Advocate.
Mr. Sunil Sharma, APP for the State.
Mr. Randhir Jain, Mr. Deepak Aggarwal and
Mr. Dharamraj Jain, Advocates
Mr. D.K. Mehta, Advocate
Mr. Randhir Jain, Mr. Deepak Aggarwal and
Mr. Dharamraj Jain, Advocates
Mr. D.K. Mehta, Advocate
Mr. Randhir Jain, Mr. Deepak Aggarwal and
Mr. Dharamraj Jain, Advocates
Mr. D.K. Mehta, Advocate

JUDGMENT

1. The above & many more petitions arisen out of the proceedings pending before the Trial Courts under section 138 of Negotiable Instrument Act (N.I. Act) are pending before this Court. It is seen that the High Court is being flooded with petitions under section 482 Cr. P.C. for quashing of complaints under section 138 N.I. Act on the ground that learned M.Ms cannot recall their own orders of summoning and it is the High Court that should consider that the complaint under section 138 of N.I. Act was not maintainable against the petitioners. Reliance is placed on Adalat Prasad vs. Rooplal Jindal and Others; (2004) 7 SCC 338 to press the point that the petitioners have no other alternative but to approach the High Court. While Adalat Prasad case (supra) laid down that if a Magistrate takes cognizance of an offence and issues process, without there being any allegations against the accused or any material implicating the accused, the order of Magistrate may be vitiated, but the relief, an aggrieved accused can obtain at that stage is not by invoking Section 207 of Cr. P.C.. The remedy lies in invoking section 482 Cr.P.C. It is clear from the Judgment of Adalat Prasad case (su











































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