MUKUL TRIVEDI Vs. STATE & ANR

JUDGEMENT

(1.) On the criminal complaint (CC no.543/2012 new no.26132/2008) of the respondent (complainant), the Metropolitan Magistrate, by his order dated 30.08.2013, declined to issue any process and dismissed the case under Section 203 of the Code of Criminal Procedure, 1973 (Cr. PC). The said order was challenged before the court of sessions invoking its revisional jurisdiction (criminal revision no.120/2013) which was allowed by order dated 26.02.2014 holding, inter alia, that a prima facie case of dishonest intention had been made out and the complaint merited being proceeded with further. Against this backdrop, the Metropolitan Magistrate issued summons to the petitioner (hereinafter referred to as "the accused") by order dated 10.03.2014.

(2.) The petition at hand was filed invoking the inherent power of this court under Section 482 Cr. PC to pray for quashing of the proceedings in the said criminal complaint case.

(3.) The petition came up for hearing on 28.08.2018. After some hearing, the counsel representing the petitioner, on instructions, sought permission to withdraw the petition reserving the right to raise all the contentions set out in the petition before the trial court where the matter has been pending at the stage of pre-charge evidence. The said prayer was granted and the petition was dismissed as withdrawn.