IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.156 of 2009. Date of Decision: 12th May, 2010. ____________________________________________________ Rajiv Katoch ….Petitioner. Versus Navdeep Singh ……..Respondent. Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? For the petitioner : Mr. Naresh Kaul, Advocate. For the respondent : Mr. Anup Chitkara and Mr. Chaman Negi, Advocates. ____________________________________________________ SURINDER SINGH, J. (Oral) : Instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the complaint as well as order dated 4th March, 2009 whereby notice for the presence of the accused-petitioner was ordered to be issued before filing the list of witnesses. 2. The record reveals that the accused although was present on 4th March, 2009 and the list of witnesses, which was not filed earlier, was taken on record on that day is merely an irregularity and not Whether reporters of the Local papers are allowed to see the judgment? - 2 - illegality in initiating the proceedings. Thereafter notice of accusation under Section 138 of the Negotiable Instrument Act was rightly put to the petitioner to which he denied. Thus, he was put on trial. The complainant and his witnesses have been cross-examined. The case was fixed for the statement of the accused-petitioner, but in the meantime, the instant petition was filed for quashing the complaint and further proceedings in the meantime were stayed. 2. As I do not see any illegality in the order dated 4th March, 2009 passed by the learned trial Court and further this order cannot be allowed to be challenged after more than eight months, more specifically when the trial against the respondent is almost concluded. 3. It is open to the petitioner to take all the points taken in this petition before the learned trial Court at the time of final arguments, if born out from the record. In view of this, when the petitioner has an alternative remedy, the intervention of this Court by way of indulgence cannot be allowed. Therefore, the petition under Section 482 of the Code of Criminal Procedure is dismissed. The record of the learned trial Court be returned and the parties are hereby - 3 - directed to be present before the learned trial Court on 4th June, 2010. Cr.M.P. No.772 of 20009. 4. In view of the order passed in the main matter, this petition is also disposed of and the interim order dated 27th November, 2009 stands vacated. May 12, 2010. (Surinder Singh), J. (rc)