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V.P.VAISH
IND Synergy Ltd. – Appellant
Versus
Goyal Mg Gases Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Vijay Aggarwal, Advocate.
For the Respondent:Parveen Bhati, APP. and Pramod K. Dubey, Advocate.

ORDER :

V.P. Vaish, J.

1. By way of the present petitions, the petitioners challenged impugned order dated 23.4.2013 passed by learned Additional Sessions Judge-02. South East, Saket Courts, Delhi whereby Criminal Revision Petition No. 52/12 filed by the petitioners against the summoning order dated 17.3.2012 passed by learned Metropolitan Magistrate, Saket Courts, Delhi for the offence u/s 138 of the Negotiable Instruments Act was dismissed. Learned Counsel for the petitioners submits that the cheque was dishonoured for the reason 'Payment Stopped By Attachment Order' and, therefore, provisions of Sections 138/141 of the Negotiable Instruments Act, 1881 are not attracted.

2. Learned Counsel for both the parties have informed that notice u/s 251 of the Cr. P.C. in all the complaints has not been given and hearing on framing of notice is yet to take place.

3. After hearing learned Counsel for both the parties and upon perusal of record, this Court is of the opinion that inherent power of this Court u/s 482 of the Cr. P.C. are not required to be invoked to quash the proceedings arising out of the complaint in question, in view of the dictum of the Apex Court in Bhushan Kumar and Another













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