9911796707
TMI Blog2013 (11) TMI 1749X X X X Extracts X X X X X X X X Extracts X X X X ..... to all just exceptions. CRL.M.C. 4733/2013 and Crl.M.A.16998/2013 (Stay) In this petition, quashing of impugned order of 5th July, 2012 whereby petitioner has been summoned as accused in a complaint under Section 138 of The Negotiable Instruments Act, 1881 is sought on merits. At the hearing, learned counsel for petitioner had submitted that there is no specific averment against petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C 1747 persuades this Court not to exercise inherent jurisdiction under Section 482 Cr.P.C. to entertain this petition. Pertinent observations of Apex Court in Bhushan Kumar (Supra), are as under:- "17. It is inherent in Section 251 of the Code that when an accused appears before the trial Court pursuant to summons issued under Section 204 of the Code in a summons trial case, it is the bounden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t making this averment and giving the relevant facts. Whether a court has jurisdiction to try/entertain a case will, at least in part, depend upon the facts of the case. Hence, instead of rushing to the higher court against the summoning order, the person concerned should approach the trial court with a suitable application for this purpose and the trial court should after hearing both the sides a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prejudice either side at the hearing on framing of Notice under Section 251 of Cr.P.C., with liberty to petitioner to urge the pleas taken herein before the trial court at the stage of hearing on the point of framing of Notice and if it is so done, then trial court shall deal with the pleas raised herein by passing a speaking order. Needless to say, if the trial court proceeds to drop the procee ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
