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$-25 HIGH COURT OF DELHI
CRL.M.C. 3069/2010
TRIVENI MEDIA LTD & ORS
Through: nemo
CRL.M.C. 3069/2010
TRIVENI MEDIA LTD & ORS
Through: nemo
VERSUS
..... Petitioner STATE &ANR ..... Respondent
Through: Mr. Sunil Sharma, APP for State
Through: Mr. Sunil Sharma, APP for State
CORAM:
JUSTICE SHIV NARAYAN DHINGRA
15.11.2010 This petition has been preferred by the petitioners for quashing a criminal complaint under Section 138 of Negotiable Instruments Act.
In my view, the appropriate course available to the petitioners is to raise
~ their defence before the trial court concerned and not before this Court. This Court cannot step into the shoes of trial court and look into the defence raised by the petitioners. The proceedings under Section 138 Nl Act being summary trial, this petition, in view of
15.11.2010 This petition has been preferred by the petitioners for quashing a criminal complaint under Section 138 of Negotiable Instruments Act.
In my view, the appropriate course available to the petitioners is to raise
~ their defence before the trial court concerned and not before this Court. This Court cannot step into the shoes of trial court and look into the defence raised by the petitioners. The proceedings under Section 138 Nl Act being summary trial, this petition, in view of
ORDER
of this Court in Rajesh Agarwal v State & Anr 171
(2010) DLT 51, this petitioo is not maintainable and is hereby dismissed as such. The petitioners, however, would be at liberty to raise their defence before the trial court concerned. The petition stands dismissed.
NOVEMBER 15, 201 0 rd SHIV NARAYAN DHINGRA,J At this stage, counsel for the petitioners Mr. Sanjay S. Chhabra appeared and brought to my notice the order passed by the Supreme Court on 1oth November 2010. The order is taken on record. The petitioners Juld be at liberty to bring this order to the notice of trial court concerned. ~ NOVEMBER 15, 2010 rd SHIV NARAYAN DHINGRA,J