- (1.) This is an appeal by leave against the judgment of the High Court of Delhi at Criminal Revision No. 127 of 1995 whereby the High Court allowed the said revision petition, setting aside the order of the trial Court dated 28-1-1995 and remanded the matter to the Court of Magistrate for disposal in accordance with law. Brief facts necessary for the disposal of this case are as follows : The 1st respondent herein filed a complaint under Secs. 120A, 120B, 405, 406, 415, 420, 463, 465 and 468 I.P.C. against the appellant and other respondents herein alleging that the respondents have cheated and defrauded him. Taking cognizance of the said complaint on 26-5-1992 the learned Metropolitan Magistrate summoned the appellants herein and other accused by issuing process under Sec. 204 of the Code of Criminal Procedure (the Code) for offence confined to Sec. 420 read with Sec. 120B I.P.C.
(2.) Being aggrieved by the said order of issuance of process the appellant and some of the accused moved the High Court and the High Court in the said petition directed the petitioners therein to move the trial Court against the order of summoning. Pursuant to the said order of the High Court the appellant herein filed an application purported to be under Sec. 203 Cr.P.C. on 10-3-1993 and the learned trial Judge by his order dated 28-1-1995 after hearing the parties recalled the said summons.
(3.) The said order of the learned Magistrate recalling the summons originally issued by him was challenged before the High Court on the ground that the Magistrate had no jurisdiction to recall a summons issued under Sec. 204 of the Code. The High Court by the impugned order has allowed the revision petition holding that while trial Court was justified in taking cognizance of the offences punishable under Sec. 420 read with Sec. 120B I.P.C. it erred in recalling the consequential summons issued because the said Court did not have power to review its own order.;