G AND G PHARMACEUTICALS Vs. JUGAL KISHORE SHARMA

JUDGEMENT

(1.) THE instant petition has been filed under Section 482 of Code of Criminal Procedure invoking inherent jurisdiction of this Court for seeking to quash the order dated 11.01.2013 (Annexure P -1) passed by Sub Divisional Judicial Magistrate, Phagwara declining the prayer for a de novo trial.

(2.) LEARNED counsel for the petitioner submits that there was a procedural illegality committed by the Magistrate by not specifically passing an order that the case required to be tried as summons case instead of adopting summary procedure under Section 143 of the Negotiable Instruments Act, 1881 (for short the 'Act') Criminal complaint was instituted by the respondent under Section 138 of the Act for dishonour of the cheque dated 30.09.2007 for a sum of Rs.5,00,000/ -. Evidence was recorded by predecessor of the Magistrate where the trial is now pending. Section 143 of the Act reads as under: -

(3.) AFTER hearing learned counsel for the petitioners, I do not find any reason to interfere with the order of Magistrate in exercise of inherent jurisdiction of this Court. The aforesaid controversy has been elaborately dealt with by the Kerala High Court in T.Kanan Vs. Narayana Swami,2013 1 CivCC 279 as under: -