C K CHAWLA Vs. SHISHIR JAIN

JUDGEMENT

(1.) This order shall govern disposal of both the petitions, under section 482 of the Code of Criminal Procedure (for short "the Code') as they raise a common question of law, formulated as under --

(2.) At the outset, it may be observed that the orders passed on 15-12-2011 are to be upheld simply because the offence, under section 138 of the Act, is triable by summon procedure that does not contemplate any stage of discharge after taking the cognizance thereof. Accordingly, the only course available to challenge the issuance of process is by invoking section 482 of the Code (Adalat Prasad vs. Rooplal Jindal, 2004 AIR(SC) 4674 referred to).

(3.) For a ready reference, section 142 of the Act may be reproduced thus --