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    <title>2003 (7) TMI 645 - DELHI HIGH COURT</title>
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    <description>A summoning order in a Section 138 complaint is treated as an interim order, not a judgment, and a Magistrate may recall the process or drop proceedings if the complaint on its face does not disclose an offence. The fact that summons have already been issued does not by itself bar reconsideration of maintainability. The Supreme Court&#039;s decision in K. M. Mathews remains binding under Article 141 on subordinate courts until it is reversed or reviewed, and a contrary High Court view cannot displace it. The impugned order was set aside and the applications were directed to be decided on merits in accordance with the governing Supreme Court precedent.</description>
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    <pubDate>Thu, 17 Jul 2003 00:00:00 +0530</pubDate>
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      <title>2003 (7) TMI 645 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=127067</link>
      <description>A summoning order in a Section 138 complaint is treated as an interim order, not a judgment, and a Magistrate may recall the process or drop proceedings if the complaint on its face does not disclose an offence. The fact that summons have already been issued does not by itself bar reconsideration of maintainability. The Supreme Court&#039;s decision in K. M. Mathews remains binding under Article 141 on subordinate courts until it is reversed or reviewed, and a contrary High Court view cannot displace it. The impugned order was set aside and the applications were directed to be decided on merits in accordance with the governing Supreme Court precedent.</description>
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      <pubDate>Thu, 17 Jul 2003 00:00:00 +0530</pubDate>
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