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High Court of Punjab and HaryanaCRM-M/28937/2017dismissed

Sushil Saini v. Navneet Mehta

2017-08-09Mr. Justice Girish Agnihotri1 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-28937 of 2017 Date of Decision: 09.08.2017 Sushil Saini ... Petitioner(s)

Versus

Navneet Mehta ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Gaurav Mohunta, Advocate for the petitioner(s).

Shekher Dhawan, J.

Present petition under Section 482 Cr.P.C. for quashing of complaint bearing No. 889 dated 22.5.2017 under Section 138 of the Negotiable Instruments Act, 1881.

Learned counsel for the petitioners has raised certain points challenging the complaint itself, but certainly, all these pleas can be taken by way of revision petition before the Court of Sessions as per law laid down by Hon`ble Supreme Court in Mohit alias Sonu and another Vs. State of U.P. and another, 2013 (3) R.C.R. (Criminal) 673, wherein the Apex Court has observed that the complainant ought to have challenged the order by way of revision petition under Section 397 Cr.P.C. and not by invoking inherent jurisdiction of the High Court under Section 482 Cr.P.C In view of the above, this petition stands dismissed (Shekher Dhawan) Judge August 09, 2017 "DK"

Whether speaking/reasoned :

Yes/No Whether reportable : Yes/No Deepak Kumar Bhardwaj 2017.08.16 15:45 I attest to the accuracy and integrity of this document