Asheesh Kumar Sharma vs Rajesh Gupta on 14 August, 2013
He has placed reliance upon judgments of this Court in 'Goenka
Tradelinks Pvt. Limited v. Indiabulls Financial Services Limited' (CRM
M 34763 of 2012, decided on 22.05.2013), Apex Health Care Private
Limited and others v. M/s Alchemist Hospitals Limited, 2012(5) R.C.R.
(Criminal) 694 and 'M/s Bharat Trading Company and others v. State of
CRM M 14752 of 2009 4
Haryana and another', 2012(2) R.C.R.(Criminal) 154, wherein, the
question of conducting an inquiry in proceedings under Section 138 of the
1881 Act, has been dealt in detail and held that the provisions of Section
202 of the Code have no applicability to a complaint under Section 138 of
the 1881 Act, as the offence is non-cognizable.