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TMI Blog2020 (11) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 138 of Negotiable Instrument Act In short N.I. Act), Police Station Quarsi, District Aligarh,, pending in the court of Additional Chief Judicial Magistrate, IV, Aligarh. Learned counsel for applicant argued that in response to the notice given by the complainant, a reply, in detail, denying alleged issuance of cheque was given by the applicant, but, it was written in the complaint and affidavit, filed, in support thereof, that no reply of notice was there, which was utterly wrong and even then impugned summoning order has been passed, which was under abuse of process of law. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer. Learned AGA, representing State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for punishment was made. Learned Magistrate registered it as a complaint case and examined the complainant, under Section 200 of Cr.P.C., by way of affidavit, documentary evidence, original Cheque No. 085984, for Rupees Five Lakh and Fifty thousand, dated 24.11.2017, with its return memo of dishonour and notice issued through counsel, with its postal receipt, was filed and the contention in oral statement was in corroboration with the contention of the complaint, which stood further corroborate by documentary evidence, as above. Hence, a notice, dated 11.12.2017 was issued, which was served and within stipulated period, after non payment of the amount, within fifteen days, this complaint was filed on 4.1.2018. Hence, impugned summoning or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt is spent in hearing those appeals rather than entertaining petitions under Section 482 at an interlocutory stage which after filed with some oblique motive in order to circumvent the prescribed procedure, or to delay the trial which enable to win over the witness or may disinterested in giving evidence, ultimately resulting in miscarriage of Justice". In again yet another judgment, in the case of Monica Kumar v. State of Uttar Pradesh, (2008) 8 SCC 781, the Apex Court has propounded "Inherent jurisdiction under Section 482 has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself." While interpreting this jurisdiction of High Court Apex C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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