MONIKA AGGARWAL Vs. STATE & ANR

JUDGEMENT

(1.) Quashing of Criminal Complaint No. 55/2014 Monika Aggarwal v. State and anr., under Section 138 of The Negotiable Instruments Act, 1881 and the summoning order of 24th November, 2014 is sought on merits in this petition.

(2.) At the hearing, it was disclosed by learned counsel for petitioner that Notice under Section 251 of Cr.P.C. has not yet been framed and the next date before trial court is 23rd July, 2015.

(3.) At the outset, it is made clear that learned counsel for petitioner has not been heard on merits. Since petitioner has an alternate and efficacious remedy available to him to urge the pleas taken herein before trial court at the time of framing of Notice under Section 251 of Cr.P.C., therefore, this Court finds that inherent powers of this Court under Section 482 of the Cr.P.C. are not required to be invoked to quash the proceedings arising out of the complaint in question. It is being so said in view of dictum of the Apex Court in Bhushan Kumar and Anr. v. State (NCT of Delhi) and Anr. AIR 2012 SC 1747, which persuades this Court not to exercise inherent jurisdiction under Section 482 Cr.P.C. to entertain this petition. The pertinent observations of Apex Court in Bhushan Kumar (Supra), are as under:-