GAJENDRA NAGPAL Vs. JAGDEEP BHATIA & ORS

JUDGEMENT

(1.) Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed. CRL.M.C. No.1253/2016 & Crl. M.A. 5408/2016 (Exemption from personal appearance) By way of this petition filed under section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of Criminal Complaint No. 1038/1/14, under Section 138 read with Section 142 of The Negotiable Instruments Act, 1881, titled as 'Jagdeep Bhatia v. Unicon Securities Pvt. Ltd. & Anr. ' and the summoning order dated 01.09.2015.

(2.) It is submitted by learned counsel for the petitioner that Notice under Section 251 Cr.P.C. has yet been framed and the next date before the learned Trial Court is 05.04.2016.

(3.) Since petitioner has an alternate and efficacious remedy available to him to urge the pleas taken herein before the learned Trial Court at the time of framing of Notice under Section 251 Cr.P.C., therefore, this Court finds that inherent powers of this Court under Section 482 Cr.P.C. are 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 to exercise inherent jurisdiction under Section 482 Cr.P.C. to entertain this petition. The pertinent observations of Apex Court in Bhushan Kumar's case (Supra), are as under:-