SURESH VORA Vs. MINOO PARAMROJ PASTAKIE

JUDGEMENT

(1.) By the present petition the petitioners pray for quashing the issuance of process in Complaint No.1952/S of 1990. The complaint was filed under Section 138 of the Negotiable Instruments Act. In para.5 of the petition the petitioners have averred that the respondent No.2 very cleverly and mischievously concealed from the Court that the cheques were received on certain terms and conditions. In other words it requires finding of fact. The petitioners have an alternative and efficacious remedy of applying for recalling of process. In the light of that this would not be a fit case for this Court to exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India or its inherent jurisdiction under Section 482 of Cr.P.C.

(2.) Hence, Petition dismissed. Rule discharged. Interim relief granted on 25-3-1991 stands vacated.