DHARMENDRA SINGH BHADORIYA Vs. ROHIT GOYAL

JUDGEMENT

(1.) This petition has been preferred for invoking the inherent powers of this Court vested under Section 482 of Cr.P.C., seeking relief that the order dated 10.09.2013 (Annexure P/4) passed by J.M.F.C. Gwalior, in Criminal Case No.2812/2013 and revisional order dated 12.12.2013 passed the learned Sessions Judge, Gwalior, in Criminal Revision No.424/2013 be quashed. The application preferred by the petitioners before the trial Court under Section 245 of Cr.P.C. (herein after referred to as 'the Code') be allowed and discharge the petitioners of the offence punishable under Section 138 of Negotiable Instruments Act.

(2.) The entire case and the impugned orders have been perused.

(3.) One private compliant has been preferred by respondent Rohit Goyal against the petitioners. Same was registered for the offence punishable under Section 138 of the Negotiable Instrument Act by the J.M.F.C. Gwalior, on 10th September, 2013. Charge under Section 138 of the Negotiable Instrument Act was framed against the petitioners by dismissing the application of the petitioners filed under Section 245 of Cr.P.C. The application was dismissed on the ground that it is a case of summon trial and provision of Section 245 of the Cr.P.C. are not applicable, the revision, preferred against this order was also dismissed.