2013 (11) TMI 1749

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....l.M.A.16999/2013 (Exemption)   Allowed subject to all just exceptions. CRL.M.C. 4733/2013 and Crl.M.A.16998/2013 (Stay)   In this petition, quashing of impugned order of 5th July, 2012 whereby petitioner has been summoned as accused in a complaint under Section 138 of The Negotiable Instruments Act, 1881 is sought on merits.   At the hearing, learned counsel for petition....

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....um of Apex Court in Bhushan Kumar and Anr. Vs. State (NCT of Delhi) and Anr. AIR 2012 SC 1747 persuades this Court not to exercise inherent jurisdiction under Section 482 Cr.P.C. to entertain this petition. Pertinent observations of Apex Court in Bhushan Kumar (Supra), are as under:- "17. It is inherent in Section 251 of the Code that when an accused appears before the trial Court pursuan....

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....he trial court has no jurisdiction in the matter, the said person should file an application before the trial court making this averment and giving the relevant facts. Whether a court has jurisdiction to try/entertain a case will, at least in part, depend upon the facts of the case. Hence, instead of rushing to the higher court against the summoning order, the person concerned should approach the ....

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....upra) as referred to hereinabove, this petition and application are disposed of while refraining to comment upon merits, lest it may prejudice either side at the hearing on framing of Notice under Section 251 of Cr.P.C., with liberty to petitioner to urge the pleas taken herein before the trial court at the stage of hearing on the point of framing of Notice and if it is so done, then trial court s....