MANJULA KAPOOR Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Appellant filed a petition under Sec. 482 of the Code of Criminal Procedure, 1973; CrPC read with Article 227 of the Constitution of India in the High Court of Himachal Pradesh at Shimla; The High Court for quashing proceedings of Complaint Case No. 25/1 of 2009, titled Pankaj Sharma v. Manjula Kapoor), in the Court of Judicial Magistrate; Judicial Magistrate 1st Class, Barsar, Hamirpur (State of Himachal Pradesh)/ Trial Court under Sec. 138 of Negotiable Instruments Act, 1881; NI Act. By the impugned order dtd. 19/9/2016, the High Court, though declined the prayer to quash the proceedings, directed the Trial Court to suo motu issue notice to M/s Cine Prime Entertainment; Hereinafter referred to as the Company under Sec. 319 of CrPC and, after impleading it as accused No.2, commence trial de novo against the Company, as per provisions of sub-sec. (4) of Sec. 319 of CrPC, and bring it to its logical conclusion expeditiously and in accordance with law.

(3.) In brief, the facts are as follows: