2014 (5) TMI 1199

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....this petition under Section 482 of the Code of Criminal Procedure, 1973 the petitioner seeks quashing of impugned order dated 21.07.2012 passed by learned Metropolitan Magistrate, Patiala House Courts, New Delhi whereby the petitioner was summoned for the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 in Complaint Case No. 323/1/2012 titled as &#....

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....d to quash the proceedings arising out of the complaint in question, in view of the dictum of the Apex Court in Bhushan Kumar and Another vs. State (NCT of Delhi) & Anr., 2012 (3) JCC 1625 : (2012) 5 SCC 424, the relevant para. 20 of the judgment reads as under:-- "20. It is inherent in Section 251 of the Code that when an accused appears before the trial court pursuant to summons issued ....

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....ile 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 trial court with a suitable application for this purpose and the trial cou....

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....at this Court is being clogged by filing such petitions, it is the need of the hour to direct the petitioner to approach trial Court, so that such petitioners instead of straightaway rushing this Court ought to seek dropping of the proceedings by the trial court to ensure that summary trial in such like matters does not get unnecessarily delayed. 6. Accordingly, the petitioner is relegated to t....