GURSHER SINGH Vs. KOTAK MAHINDRA BANK

JUDGEMENT

(1.) By way of filing the present petition, Petitioner Gursher Singh seeks quashing of complaint under Section 138 of the Negotiable Instruments Act filed by the respondent against him titled 'Kotak Mahindra Bank Vs. Gursher Singh', pending in the Court of Judicial Magistrate 1st Class, Chandigarh as well as summoning order dated 07.03.2019 and subsequent proceedings arising out of the same.

(2.) The petitioner/accused had remedy of filing a revision petition against the summoning order, which it appears has not been availed of. The Apex Court in judgment Mohit @, Sonu and Anr. Vs. State of U.P. and Anr. 2013 (3) RCR (Criminal) 673 has observed that when there is a specific remedy provided by way of appeal or revision, the inherent powers under Section 482 Cr.P.C. cannot and should not be resorted to.

(3.) In Ramesh Kumar Thind Vs. Lakhvir Singh in CRM-M-31268-2014 decided on 10.09.2014 by a Single Judge of this Court under somewhat in similar circumstances, the petitioner was relegated to the remedy of raising all the pleas before the trial Court.