PARVEEN KUMAR GUPTA AND ORS. Vs. SARAF RAJ

JUDGEMENT

(1.) Through the instant petition filed under Section 561-A Cr.P.C., the petitioners seek quashing of impugned order dated 23.09.2011 passed by the learned Munsiff JMIC, R. S. Pura in file No.145/Complaint, whereby the trial court took cognizance of the complaint under Section 138 Negotiable Instruments Act and 420 RPC, in case titled Saraf Raj vs. Shakti Kumar Gupta and others. The petitioners also seek quashing of subsequent proceedings in the said complaint.

(2.) The facts giving rise to the filing of this petition, briefly stated, are that a complaint under Sections 138 Negotiable Instruments Act and 420 RPC came to be filed by the respondent-Saraf Raj in the Court of Judicial Magistrate 1st Class, R. S. Pura on 23.09.2011. There are four accused in the complaint and the Court below has taken the cognizance on the basis of complaint of the respondent in both the offences, i.e. under Sections 138 of N.I. Act and 420 RPC against all the four accused in the complaint including the petitioners herein despite the fact that there is no proof of partnership in the form of any document as alleged in the complaint and that the accused are partners of the firm M/s Kastrui Lal and Sons. Accused No.1 is the sole proprietor of the firm and he is the only signatory of the cheque. The petitioners feeling aggrieved of the order of taking cognizance and process issued by the Court below filed an application seeking dropping of the proceedings against them on the grounds:-

(3.) During the proceedings in the case, accused No.1 expired and his death certificate is on the record of the file. The Court below after hearing both the parties, without commenting on the merits of the case, disposed of the application on 21.02.2017, holding that in the absence of the review powers, this Court cannot review its earlier order and the appropriate remedy lies with the applicants to invoke Section 561-A Cr.P.C. and not the instant application.