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1 - 8 of 8 (0.20 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
S.K. Bhalla & Ors. vs State Of Nct Of Delhi & Anr. on 10 December, 2010
Similar view has been
already taken by a coordinate Bench of this Court in S.K. Bhalla V. State
and Others 180 (2011) DLT 219.
Adalat Prasad vs Rooplal Jindal & Ors on 25 August, 2004
Needless to say, if the trial court finds that no case is made out
against petitioner, then the decision of the Apex Court's in Adalat Prasad
Vs Rooplal Jindal and Ors. (2004) 7 SCC 338 will not stand in the way of
trial court to drop the proceedings against petitioner and if trial court
chooses to proceed against petitioner, then petitioner will have the
remedy as available in the law. It is so said because dropping of
proceedings at Notice stage cannot possibly be equated with recalling of
summoning order.
Bhushan Kumar & Anr vs State(Nct Of Delhi) & Anr on 4 April, 2012
In view of authoritative pronouncement of the Apex Court in
Crl.M.C.No.1507/2013 Page 3
Crl.M.C.No.4597/2013
Bhushan Kumar & Krishan Kumar (supra,) as referred to hereinabove,
inherent powers of this Court under Section 482 of the Cr.P.C. are not
exercised and petitioner is relegated to urge the pleas taken herein before
the trial court at the hearing on the point of framing of Notice under
Section 251 of Cr.P.C. and if it is so done, then trial court shall deal with
the pleas raised herein by passing a speaking and reasoned order. At the
stage of framing of Notice under Section 251 of Cr.P.C., trial court is not
expected to function like a post office and to mechanically frame Notice,
but is rather bound by law to apply its mind to find out whether prima
facie case is made out against the accused or not.
Section 205 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Krishna Kumar Variar vs Share Shoppe on 3 May, 2010
Further, on this aspect, the dictum of the Apex Court in Krishan
Kumar Variar v. Share Shoppe (2010) 12 SCC is as under:-
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