The High Court of Delhi on Wednesday ruled that a trial court’s order refusing to summon a company as an accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, is not a purely “interlocutory order” and can be challenged by way of a criminal revision petition.

Justice Swarana Kanta Sharma , while deciding the preliminary question of maintainability in a criminal revision petition, held that such an order substantially affects the complainant’s right to prosecute and forecloses proceedings against the principal offender. The Court, therefore, held the revision petition to be maintainable and issued notice to the respondents.

Background of the Case

The present criminal revision petition (CRL.REV.P. 1366/2024) was filed by petitioner Sujata Panda, assailing an or

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