Dismissed
Kamlesh Kumar Sharma S/O Shri Babulal Sharma v. State of Rajasthan
Rajasthan HCCRLMP/403/2020
Case brief
AI extract
What is this about?
The High Court dismissed a petition challenging the setting aside of an application for withdrawal of summons in a cheque dishonour case. The court held that joining such summons when Section 65 CrPC prohibits it is an abuse of process, noting the quasi-criminal nature of Section 138 NI Act.
What did the court decide?
The court held that the application for setting aside withdrawal of summons was properly decided as joining the summons without notice is an abuse of process under Section 65 CrPC.