MOHAMMED JABIR Vs. MANOJ KUMAR BEHERA

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed seeking to challenge the order dated 7.8.2010 passed in ICC Case No.987 of 2006 whereby the learned S.D.J.M.,Sadar, Cuttack rejected the application filed by the petitioner for recalling the order of cognizance.

(2.) From the impugned order it appears that the application was filed by the petitioner on 19.5.2010 to recall the order of cognizance on various grounds taken in the said petition which came to be rejected on the ground that the court has no power to call its own order.

(3.) Learned counsel for the petitioner submits that the order of cognizance ought not to have been passed by the learned S.D.J.M. in view of non-compliance of Proviso (b) of Section 138 of the N.I. Act. He further asserts that it is mandatory that all the provisions contained under Provisos (a), (b) and (c) need to be complied with before the occasion arises for initiating a compliant under Section 138 N.I.Act.