Anand & Associates & Ors. vs Jugal Kishore Jain
2019 Latest Caselaw 275 Del

*      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
                    ORDER

(ORAL)

Quashing of complaints under Section 138 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.

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