Petitioner sought quashing of an order under Section 482 Cr.P.C. to examine herself in a Negotiable Instruments Act proceeding. Court held proceedings are summary and opportunities were already afforded below, dismissing the petition.
Petition dismissed; all pending applications dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1807/2021
Durgesh Sharma W/o Mahesh Kumar Parashar, Aged About 45 Years, R/o C/o Hardev Ji Suwalka, Behind Reliance Tower, Sanjay Colony, Bhilwara (Raj.).
----Petitioner
Versus
Premchand S/o Heeralal Prajapat, R/o Opposite Maliyon Ka Nohra, Nehru Road, Bhilwara (Raj.).
----Respondent
For Petitioner(s) : Ms. Deepika Purohit for Mr. Anuj Sahlot For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/08/2021
“It is, therefore, most respectfully prayed that this misc. petition may kindly be allowed and the impugned order may be quashed and the petitioner may be permitted to examine herself in her defence.”
(2 of 2)
[CRLMP-1807/2021]
(DR. PUSHPENDRA SINGH BHATI),J.
15-SKant/-
2 issues framed by the court
Whether Section 482 Cr.P.C. jurisdiction is invoked to permit examination of a petitioner after sufficient opportunities were already recorded by the lower court.
Whether the proceedings under the Negotiable Instruments Act are summary in nature precluding late invocation of Sections 313 and 315 Cr.P.C.
3 provisions across 2 enactments
Durgesh Sharma
Premchand
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
