Gajendra Nagpal vs Jagdeep Bhatia & Ors. on 1 April, 2016

CRL.M.C. No.1253/2016 & Crl. M.A. 5408/2016 (Exemption from
personal appearance)

1. By way of this petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioner seeks quashing of Criminal
Complaint No. 1038/1/14, under Section 138 read with Section 142 of
The Negotiable Instruments Act, 1881, titled as ‘Jagdeep Bhatia Vs.
Unicon Securities Pvt. Ltd. & Anr.’ and the summoning order dated

Crl.M.C.No.1253 /2016 Page 1 of 5
2. It is submitted by learned counsel for the petitioner that Notice
under Section 251 Cr.P.C. has not yet been framed and the next date
before the learned Trial Court is 05.04.2016.

3. Since petitioner has an alternate and efficacious remedy
available to him to urge the pleas taken herein before the learned Trial
Court at the time of framing of Notice under Section 251 Cr.P.C.,
therefore, this Court finds that inherent powers of this Court under
Section 482 Cr.P.C. are not required to be invoked to quash the
proceedings arising out of the complaint in question. It is being so said
in view of dictum of the Apex Court in Bhushan Kumar & Anr. Vs.
State (NCT of Delhi) & Anr. AIR 2012 SC 1747, which persuades this
Court not to exercise inherent jurisdiction under Section 482 Cr.P.C. to
entertain this petition. The pertinent observations of Apex Court in
Bhushan Kumar’s case (Supra), are as under:-

Source: Indian Kanoon

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