Nandkishor Madanlal Bajaj v. Dekula Kasanna Dastagiri

apl.177.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 177 OF 2017 ( Nandkishor Madanlal Bajaj..vs..Dekula Kasanna Dastagiri ) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri K.K.Bhangde, Advocate for applicant.

Shri Abhay Bhide, Advocate for respondent.

CORAM : V.M. DESHPANDE, J.

DATED : AUGUST 18, 2017 Routinely, the jurisdiction of this Court under Section 482 of Code of Criminal Procedure is sought to be invoked by the applicants by passing the statutory remedies of filing of the revision. The present proceeding arises out of complaint lodged by the non-applicant-complainant under Section 138 of the Negotiable Instruments Act. The learned Magistrate after being satisfied himself in respect of contentions of the complainant and documents which were placed before him issued process against the present applicant. The said order is in question before this Court. Merely because the applicant is approaching to this Court by invoking the provisions of Section 482 of the Code of Criminal Procedure it is not obligatory on the part of this Court to exercise its inherent powers when the efficacious alternative remedy is available to the applicant. No case is made out by which the exception can be taken to the order impugned. Hence, rejected.

JUDGE kitey