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2022 (1) TMI 859

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..... arrants, in a matter relating to Section 138 of Negotiable Instruments Act, 1881. The vested interest of the Petitioner is, therefore, writ large and the petition deserves to be dismissed on this short ground. Petition dismissed. - W.P.(C) 1104/2022 - - - Dated:- 18-1-2022 - HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE JYOTI SINGH Petitioner Through: Petitioner in person. Respondents Through: Mr. Anurag Ahluwalia, Central Government Standing Counsel with Mr. Danish Faraz Khan, Advocate for R-1/UOI. Mrs. Avnish Ahlawat, Standing Counsel with Mrs. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Advocates for R-2 3. JUDGMENT D.N. PATEL, CHIEF JUSTICE (ORAL) Proceedings have been conducted .....

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..... ents. From a perusal of the pleadings in the writ petition, it is evident that this is not a Public Interest Litigation but is a private and publicity interest litigation. It has been held by the Supreme Court in several judgments that while seeking relief in the nature of Public Interest Litigation, the Petitioner should have no personal or vested interest and should not be guided by any self-gain. For ready reference, we may refer to the judgment of the Supreme Court in Dattaraj Nathuji Thaware v. State of Maharashtra and Ors., AIR 2005 SC 540 , relevant para of which is as follows: 12. Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to se .....

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..... the Petitioner has moved an application before the concerned Court to execute bailable warrants in accordance with the practice directions issued pursuant to the judgment of the Hon ble Supreme Court in Suo Moto W.P.(Crl.) No.2/2020 , however, the learned Trial Court has declined to entertain the application. Petitioner has also annexed copy of the application dated 08.12.2021 as well as the order passed thereon. 4. It is thus obvious, as rightly contended by learned counsels for the Respondents, that in the garb of so-called Public Interest Litigation, the Petitioner is seeking to in effect challenge the order passed by Learned MM with regard to execution of bailable warrants, in a matter relating to Section 138 of Negotiable Instrum .....

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