1993 (10) TMI 370

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....section 482 of the Criminal Procedure Code, 1973, for quashing further proceedings in C.C. No. 6392 of 1991. 2. The short facts are : The respondent has filed a complaint against the petitioner under section 138 of the Negotiable Instruments Act, 1881 (I shall hereinafter refer to it as "the Act"), on the allegations that the petitioner had issued a cheque for ₹ 1,00,000 on April ....

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....e an offence. 4. This version viz., that the petitioner gave such an instruction, is not available in the complaint. It is extraneous to the documents referred to in the complaint. Under section 482 of the Criminal Procedure Code, this submission will not hold good. 5. The second submission was that the cheque amount was ₹ 1,00,000 and if the offence was found to have been committed, the M....

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....nal Procedure, 1973, - . . . . . (c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under section 138." 7. The above would show that notwithstanding any provision contained in the Code of Criminal Procedure, 1973, no court inferior to that of the Metropolitan Magistrate can try the offence punishable under....