1. Heard Sri Manish Tiwary, learned counsel for the applicant, learned AGA for the State and Sri D.K. Singh, learned counsel for opp. party No.2.

2. By means of the present application under Section 482 Cr.P.C., the applicant has prayed for quashing/setting aside and/or modify the Order dated 11.4.2013 ( "Impugned Order") passed by the learned I/c Sessions Judge in Criminal Revision No.157 of 2013 to the extent it direct the IInd Additional Chief Judicial Magistrate, Ghaziabad hearing Criminal Complaint No.1086 of 2009 filed under Sections 403, 405, 415, 418, 420 and 423 read with Sections 34 and 120-B of Indian Penal Code that "if any formality cannot be completed by the Complainant for non-availability of particulars, then learned trial court should not insist on this point and to pass order according to material produced by the complainant which can be possible for him to produce".

3. Brief facts of the case are that;

4. M/s. JCE Consultancy, opp. party No.2, ( hereinafter referred to as "the complainant")filed a complaint in the Court of Chief Judicial Magistrate, Ghaziabad against the Samsung Gulf Electronics ( FZE) and others including the applicant on the ground that a Bill of Exchange dated 1.2.2002 purportedly drawn by Sansung Gulf Electronics ( FZE) in favour of the one M/s. Sky Impex had been endorsed to them and that Samsung Gulf Electronics ( FZE) had failed to make payment in relation to the same and the complainant has been cheated of 1.4 million Dollar.

5. On 12.1.2005, the applicant along with other co-accused persons were summoned by the VIIth Additional Judicial Magistrate, Ghaziabad for facing trial for offence under Sections 403, 405, 415, 418, 420 and 423 read with sections 34 and 120-B of Indian Penal Code. As the applicant and other co-accused persons did not appear before the trial Court, hence, the trial Court on 3.2.2005 issued bailable warrants against the applicant and other co-accused persons. Thereafter, on 16.3.2005, the Court below issued non-bailable warrants ( NBW) against the applicant and other co-accused persons.

6. On 21.3.2005, the VIIth Additional Judicial Magistrate, Ghaziabad directed that the issuance of NBW against the applicant be executed through the Central Bureau of Investigation ( Interpol Wing). In the year 2006, the trial Court had issued NBW against the applicant which was sent to the Interpol for issuance RED CORNER NOTICE for ensuring extradition of the applicant and other co-accused persons.

7. Thereafter, the criminal revision filed by the applicant against the order issuing non-bailable warrants which was numbered as Criminal Revision No.154 of 2005, before the lower Revisional court was also dismissed by it.

8. Thereafter, the applicant along with other co-accused persons approached this Court and filed Criminal Misc. 482 Cr.P.C. Application No. 11404 of 2006 and challenged the proceedings of the complaint case which was filed by opp. party No.2 and the said 482 Cr.P.C. application of the applicant and other co-accused were dismissed by this Court vide order dated 13.11.2009 and directed the accused persons including the applicant to appear before the Court below within 30 days from the date of passing of the said order and seek bail.

9. Aggrieved by the order of this Court dated 13.11.2009, the applicant and other co-accused persons had filed Special Leave to Appeal ( Criminal) being SLP ( Crl.) No.9168 of 2009 before the Apex Court which converted into Criminal Appeal No. 304 of 2012 and the same was finally dismissed by the Apex Court vide order dated 1.2.2012 and directed that the accused persons are at liberty to raise all the objections before the trial Court.

10. On 1.4.2012, the applicant filed a Review Petition No.165 of 2012 before the Apex Court which was also dismissed on 18.4.2012 . The applicant and other co-accused persons had also filed Curative Petition No.35 of 2012 which was also rejected by the Apex Court judgment and order dated 30.10.2012.

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