Judgments in Adalat Prasad, (2004) 7 SCC 338 and Subramanium Sethuraman (2004) 13 SCC 324 have interpreted the law correctly -- Reiterated that there is no inherent power of Trial Courts to review or recall the issue of summons -- This does not affect the power of the Trial Court u/s 322 of the Code to revisit the order of issue of process in case it is brought to the court’s notice that it lacks jurisdiction to try the complaint – Section 258 of the Code is not applicable to complaints u/s 138 of the Act and findings to the contrary in Meters and Instruments, (2018) 1 SCC 560 do not lay down correct law.

(SC) Decided on: 16.04.2021