MUDULKUMAR JAIN Vs. STATE BANK OF INDORE

JUDGEMENT

(1.) The inherent powers of this court u/S. 482 of Cr.P.C are invoked for quashment of the revisional order dated 27.8.2015 passed by First Additional Judge to Second Additional Judge, Gwalior whereby the order passed by the JMFC, Gwalior dated 13.7.2015 dismissing an application preferred by the petitioner raising certain preliminary objection that no offence u/S. 138 Negotiable Instrument Act (for brevity 'NI Act') is made out, was rejected.

(2.) Learned counsel for the rival parties are heard.

(3.) It is seen from the record that the petitioner was unsuccessful before Revisional Court. He has invoked inherent powers of the court which ostensibly appears to be a camouflaged second revision which is barred u/S. 397 (3) of Crimial P.C. despite the said bar the inherent powers of this court can very well be exercised if it is found that gross injustice is made out for which this court would like to go into factual matrix.