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High Court of DelhiCRL.M.C./1605/2016

Nasser Mohammed M.F. Al-Hajri v. Bharat Bhushan Bansal Proprietor

2018-07-30Hon'Ble Mr. Justice R.K.Gauba1 pages

$~57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1605/2016 & CRL.M.A. 6858/2016 NASSER MOHAMMED M.F. AL-HAJRI ..... Petitioner Through:

Mr. J.K. Das, Sr. Advocate with Mr. Sandeep Das, Ms. Varuna Bharrale & Ms. Vatsala Kumar, Advocates.

Versus

BHARAT BHUSHAN BANSAL ..... Respondent Through:

Mr. Suryankant Singla, Sr. Advocate with Mr. Virender Kumar Singh & Ms. Rimjhim Nandiyal, Advocates.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 30.07.2018 After some hearing, it having been pointed out by the counsel for the respondent (complainant of the case from which the present petition arises) that the complaint case under Section 138 of Negotiable Instruments Act, 1881 has since been transferred by the Metropolitan Magistrate in Delhi to his counterpart judicial Magistrate in District Sonipat in the State of Haryana by an order subsequent to the one impugned in these proceedings, the learned senior counsel for the petitioner submitted that he may be permitted to withdraw the present petition he seeking liberty to approach the High Court of Punjab and Haryana at Chandigarh by petition under Section 227 of the Constitution of India and Section 482 of Code of Criminal Procedure, 1973 to challenge the maintainability of the complaint case against the petitioner on the grounds set out in the petition at hand. The petition is dismissed as withdrawn with liberty as prayed for granted. The trial court record shall be returned forthwith. R.K.GAUBA, J JULY 30, 2018//srb