ARVINDER SINGH BHATIA Vs. ASHOK KUMAR KHATTAR

JUDGEMENT

(1.) The respondents had instituted a criminal complaint case (presently registered as CC No.536410/2016) in the year 2000 alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 having been committed by the petitioner on the allegations that he had issued two cheques each of Rs.5 lacs drawn on Bank of India which, upon presentation, were returned unpaid and further that in spite of the notice of demand the petitioner had failed to make payment of the value of the said cheques.

(2.) The pre-summoning inquiry into the said criminal complaint remained pending for almost sixteen years. By order dated 06.10.2016, the Metropolitan Magistrate found prima facie the offence to be made out and, thus, issued process against the petitioner summoning him to answer accusations for the said offence under Section 138 of the Negotiable Instruments Act, 1881.

(3.) The petitioner challenged the above said order in the court of Sessions invoking its revisional jurisdiction by criminal revision No. 380/2017. The said petition, however, was dismissed by the said court on 24.03.2018. Thereafter, the petitioner has come up to this court invoking the inherent power and jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), submitting that the proceedings in the above mentioned case are in the nature of abuse of the process of law and ought to be quashed.