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High Court of DelhiCRL.M.C./3159/2017

Anand & Associates & ORS v. Jugal Kishore Jain

2019-01-15Hon'Ble Mr. Justice Sunil Gaur2 pages

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IN THE HIGH COURT OF DELHI AT NEW 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.

Versus

JUGAL KISHORE JAIN 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 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.

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 CRL. M.C. 3158/2017 & connect matters