The said order was upheld by
this Court by its order dated 26th February 2013 in Criminal
Miscellaneous Case No. 2011 of 2007 (M.G. Attri v. S.K. Jain).
3. Since learned counsel for the revisionist/accused has
relied upon Tanmay Mukhopadhyay Vs State & Anr., 2015 (3)
JCC (NI) 194, M.G. Attri Vs S.K. Jain, 2013 (2) C.C. Cases
(HC) 512, Bhushan Kumar & Anr. Vs State (NCT of Delhi) &
Anr., 2012 (3) JCC 1625, Avnish Jain & Anr. Vs State (NCT of
Delhi) & Anr., 2015 (3) Civil Court Cases 378 (Delhi), to
CR No:202/17 Pradeep Malik Vs Amarjeet Singh 2 of 6
submit that it is obligatory for a Magistrate to consider the
material including the plea taken by the accused at the stage of
notice u/s 251 Cr.P.C. for the offence u/s 138 N.I. Act, therefore
this Court is proceeding to deal with the matter assuming that the
learned Metropolitan Magistrate had power to discharge the
accused.