AMAN MAHAJAN Vs. VEENU MAHAJAN

JUDGEMENT

(1.) AGGRIEVED by Special Municipal Magistrate Jammus Order dated 19 -04 -2005 taking cognizance of offence punishable under section 138 of the Negotiable Instruments Act, 1881 and issuing process therefor, the petitioner, arrayed as an accused in respondents complaint, initially approached Learned Magistrate for dropping proceedings relying upon the law laid -down by Honble Supreme Court of India in Krishna Exports and others versus Raju Dass reported as (2004) 13 SCC, 498, had initially approached the Learned trial Magistrate for dropping proceedings.

(2.) THE grievance of the petitioner, though addressed to and found to be genuine, was not redressed because of the legal impediment of Magistrates not possessing power of review, or, for that matter, inherent jurisdiction to correct an error, even if one was found to have occurred.

(3.) PETITIONER has thus approached this Court invoking its inherent jurisdiction to quash the proceeding initiated on the complaint of the respondent.