RAJEEV RANJAN SINHA Vs. SUSHIL KUMAR SAXENA

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C. ") seeking the quashing of the summoning order dtd. 18/11/2021, passed by the learned Metropolitan Magistrate, Patiala House Courts, New Delhi (for short, "learned Trial Court ") in Complaint Case No.9486/2018 filed by the respondents No.1 and 2 against the petitioner under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 (for short, the "N.I. Act ").

(2.) It may be noted, at this juncture, that the order impugned is not the summoning order. Rather, it is the order dismissing the application of the petitioner seeking discharge, which is dtd. 18/11/2021 and has been placed on the record as Annexure P-15 at pages 77-78 of the E-file. The summoning order is dtd. 21/7/2012 and has been placed on the record as Annexure P-10.

(3.) The complaint was filed when the cheque dtd. 18/5/2012 issued by the petitioner for a sum of Rs.24.00 lakhs, drawn on Indian Overseas Bank, Institutional Area, Secto-62, Noida, Uttar Pradesh, was dishonoured. After the learned Trial Court had summoned the accused/petitioner to face trial for the offence under Sec. 138 of the N.I.Act, a petition under Sec. 482 Cr.P.C. was filed challenging the summoning order, which was disposed of vide orders dtd. 8/5/2014 by a Co-ordinate Bench of this Court, permitting the petitioner to raise all issues before the learned Trial Court before the Notice under Sec. 251 Cr.P.C. was served on the petitioner. It appears that thereafter, the petitioner moved an application "for recall of the summoning order/discharge of the accused ", copy of which has been placed on the record as Annexure P-14, raising several issues, which have been repeated in the present petition.