Supreme Court · 2007 INSC 397 · Decided 10 April 2007
Everest Advertising PVT. LTD. v. State, GOVT. of NCT of Delhi and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 397 · [2007] 4 S.C.R. 1055
- Case number
- CRIMINAL APPEAL No. 520/2007
- Decided
- 10 April 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 204; NI Act Section 141; Companies Act
Headnote
B Code of Criminal Procedure, 1973-Recal/ing of erroneous order of issuance of summons-Jurisdiction of Magistrate-Held: Magistrate has no jurisdiction to recall such order-Magistrate does not have inherent C jurisdiction. Negotiable Instruments Act, 1881-s.141-Dishonour of cheque issued by thereof-Payment of the amount through cheque made after meetings in which the Chairman and Managing Director participated- D They also participated in negotiations as a result of failure to niake payment­ Jssuance of summons to the Chairman & Managing Director-Recalled on the ground that
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