TMI Blog2022 (11) TMI 1489X X X X Extracts X X X X X X X X Extracts X X X X ..... D THAT:- Since applicant has not challenged summoning order, which can be challenged by way of filing revision before Court below, therefore, to deal the challenge of summoning order directly before this Court in an application under Section 482 Cr.P.C. will cause prejudice as a forum will not be available to applicant and this Court also will not have benefit of a judgment. It is also placed on r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avit, however, this Court has ignored the same at this stage as there will be no prejudice to any of the parties on outcome of this application. 3. Initially this application was filed challenging the proceedings arising out of a recall to non bailable warrants without challenging the summoning order. Later on by way of amendment application summoning order has been challenged though presently tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n before Court below, therefore, to deal the challenge of summoning order directly before this Court in an application under Section 482 Cr.P.C. will cause prejudice as a forum will not be available to applicant and this Court also will not have benefit of a judgment. It is also placed on record that NCLT has passed an order with regard to moratorium. 7. Therefore, without entering into merit of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|