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2019 (8) TMI 476 - HC - Indian LawsDishonor of Cheque - legally enforceable debts - Rejection of application of the Petitioners for recall of process issued under Sections 138 of the Negotiable Instruments Act, 1881 - Section 204 of Cr.P.C. - HELD THAT:- The Supreme Court in the case of ADALAT PRASAD VERSUS ROOPLAL JINDAL & OTHERS [2004 (8) TMI 647 - SUPREME COURT] held that, the Court, who has issued process, has no power of review its order of issuance of process, and hence order of issuing process cannot be recalled. In the present case, petitioner preferred an application for recalling the order of issuance of process passed by the learned Magistrate, which was not tenable in view of law laid down in the case of Adalat Prasad. Hence, the application preferred by the petitioner was not maintainable. The issue of maintainability of the application filed by the petitioner under Section 204 of the Cr.P.C. goes to the root of the matter, in as much as, the application filed by the petitioners itself was not maintainable in law and therefore, adjudication of such application by the Courts below was not called for being not maintainable - petition dismissed.
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