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CRL. M.C. 3158/2017 & connect matters
HIGH COURT OF DELHI
Date of Order: January 15, 2019
HIGH COURT OF DELHI
Date of Order: January 15, 2019
CRL.M.C. 3158/2017
CRL.M.C. 3159/2017
CRL.M.C. 3160/2017
CRL.M.C. 3410/2017
ANAND & ASSOCIATES & ORS. .....Petitioners
Through: Mr. Akshay Bhatia and Mr. Avinash Das, Advocates.
ANAND & ASSOCIATES & ORS. .....Petitioners
Through: Mr. Akshay Bhatia and Mr. Avinash Das, Advocates.
VERSUS
JUGAL KISHORE JAIN
RISHI PRAKASH JAIN ..... Respondents
Through: Mr. N.K. Aggarwal and Ms. Priya Pachouri, Advocates
RISHI PRAKASH JAIN ..... Respondents
Through: Mr. N.K. Aggarwal and Ms. Priya Pachouri, Advocates
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of complaints under Section 138 of Negotiable
Instruments Act, 1881 is sought in these petitions on merits. It is informed that Notice under Section 251 Cr.P.C. has been already framed and petitioners have also given their defence.
Since petitioners have an efficacious remedy to assail the Notice framed under Section 251 of Cr.P.C., the inherent extraordinary jurisdiction of this Court under Section 482 of Cr.P.C. is not being invoked, with liberty to petitioners to assail the Notice framed under
Section 251 of Cr.P.C. before the Revisional Court within a period of four weeks.
2019:DHC:300
Quashing of complaints under Section 138 of Negotiable
Instruments Act, 1881 is sought in these petitions on merits. It is informed that Notice under Section 251 Cr.P.C. has been already framed and petitioners have also given their defence.
Since petitioners have an efficacious remedy to assail the Notice framed under Section 251 of Cr.P.C., the inherent extraordinary jurisdiction of this Court under Section 482 of Cr.P.C. is not being invoked, with liberty to petitioners to assail the Notice framed under
Section 251 of Cr.P.C. before the Revisional Court within a period of four weeks.
2019:DHC:300
CRL. M.C. 3158/2017 & connect matters
If it is so done, then the question of limitation etc. will not stand in the way of Revisional Court to entertain the challenge to the framing of
Notice under Section 251 Cr.P.C.
With aforesaid observations, the above captioned petitions are disposed of while not commenting on merits.
Dasti.
(SUNIL GAUR)
JUDGE
JANUARY 15, 2019 p’ma
2019:DHC:300
If it is so done, then the question of limitation etc. will not stand in the way of Revisional Court to entertain the challenge to the framing of
Notice under Section 251 Cr.P.C.
With aforesaid observations, the above captioned petitions are disposed of while not commenting on merits.
Dasti.
(SUNIL GAUR)
JUDGE
JANUARY 15, 2019 p’ma
2019:DHC:300
JUDGMENT