NITIN SINGHAL Vs. PURUSHOTTAM CHUGH & ANOTHER

JUDGEMENT

(1.) The petitioner has filed the petition under Section 482 of the Cr.P.C challenging the validity and correctness of the impugned order dated 17.7.2017 passed by the Additional Chief Judicial Magistrate (Shree R.L.Shakya) Gwalior in Criminal Complaint Case No 8850 of 2014, whereby the said case had been committed for trial to the Court of Sessions Judge Gwalior.

(2.) The brief facts for adjudication of the petition are given below :

(3.) Learned counsel for the petitioner contends that there is no provision in the Cr.P.C whereby, Criminal Complaint Case No.8850 of 2014 could be committed to the Court of Sessions Judge Gwalior because in that case the trial will be held as summons case as per the procedure set out in Chapter XX Cr.P.C in view of the punishment provided for under Section 138 of the Act. He also contends that the learned ACJM has wrongly held that both the cases are cross cases. Upon these contentions, he submits that the learned ACJM had committed a legal error in committing Criminal Complaint Case No.8850 of 2014 to the Court of Sessions Judge Gwalior. Therefore, the impugned order be set-aside by allowing this petition.