CRM No. M-4897 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-4897 of 2009 (O&M) Date of decision: 15.7.2009 M/s Delhi Motors ...Petitioner Versus Baldev Raj Malhotra ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. B.D. Sharma, Advocate, for the petitioner Rajan Gupta, J. The present petition has been preferred by the petitioner against the order dated 22nd January, 2009, passed by Special Judicial Magistrate, Amritsar, dismissing his application for being discharged from the case. Learned counsel for the petitioner has argued that the complaint was preferred through an Attorney Baldev Raj Malhotra. The complaint was entertained by the court despite the fact that the power of attorney did not relate to the instant case but to the other case titled “Vijay Kumar Bajaj Vs. Ravinder Singh”. Certain other technical objections were also raised by the petitioner. The application for discharge was, however, dismissed by the trial Judge stating that the objections could not be entertained at this stage and that the petitioner could raise all his pleas at the appropriate stage, particularly after the complainant stepped into the witness-box. CRM No. M-4897 of 2009 2 I have heard learned counsel for the petitioner and given careful thought to the facts of the case. I do not find any ground to interfere in the order passed by the court below. The discharge sought by the petitioner at this stage on technical grounds, is, in my considered opinion, misconceived. There is no infirmity with the impugned order. There can be no doubt that the petitioner can wait for the complainant or his Attorney to step into the witness-box in order to confront them with all the issues relating to the competence to maintain the complaint before the court alongwith other relevant questions. In this view of the matter, there is no ground to interfere in the inherent jurisdiction of this court in the impugned order passed by the court below. The petition is devoid of merit. The same is hereby dismissed. (RAJAN GUPTA) JUDGE 15.7.2009 'rajpal'