MEHROTRA TRADING COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties. The instant misc. petition has been filed on behalf of the petitioner challenging the order dt. 11.02.2013 passed by the learned Additional Chief Judicial Magistrate (Communal Riots), Pali in Criminal Complaint Case No. 51/2010, whereby the application filed by the accused under Sec. 203 Cr.P.C. was rejected and the order taking cognizance dt. 16.02.2010 was upheld.

(2.) LEARNED counsel for the petitioners places reliance on the decision rendered by the Hon'ble Apex Court in the case of Yogendra Pratap Singh vs. Savitri Pandey & Anr. (Criminal Appeal No. 605/2012 Arising out of SLP (Crl.) No. 5761/2010) wherein the Hon'ble Apex Court has referred the issue of maintainability of a pre -mature complaint under Sec. 138 of the Negotiable Instruments Act to a larger Bench whilst expressing that the judgment rendered by the earlier Bench of the Hon'ble Apex Court in the case of Narsingh Das Tapadia vs. Goverdhan Das Partam & Anr., reported in : (2000) 7 SCC 183 does not correctly state the legal position.

(3.) IT is not dispute in the present case that the complaint which was filed by the complainant was premature.