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Adalat Prasad vs Rooplal Jindal & Ors on 25 August, 2004

21. A close scrutiny of the judgments of this Court in Adalat Prasad (supra) and Subramanium Sethuraman (supra) would show that they do not warrant any reconsideration. The Trial Court cannot be conferred with inherent power either to review or recall the order of issuance of process. As held above, this Court, in its anxiety to cut down delays in the disposal of complaints under Section 138, has applied Section 258 to hold that the Trial Court has the power to discharge the accused even for reasons other than payment of compensation. However, amendment to the Act empowering the Trial Court to reconsider/recall summons may be considered on the recommendation of the Committee constituted by this Court which shall look into this aspect as well."
Supreme Court of India Cites 19 - Cited by 900 - Full Document

Amit Sibal vs Arvind Kejriwal . on 17 November, 2016

12. Reliance is placed upon judgment of Hon'ble Apex Court in Amit Sibal vs. Arvind Kejriwal & Ors., (2018) 12 SCC 165, wherein Hon'ble Supreme Court set aside order of Hon'ble Delhi High Court wherein Hon'ble Delhi High Court had held that the Magistrate shall be empowered to discharge/drop the proceedings at the stage of framing notice under Section 251 of the Code, if no case is made out. Hon'ble Supreme Court accepted the Crl Rev. No.248 of 2021 Rachna Gupta Vs M/s Genesis Finance Co. Ltd Page No. 8 of 10 Digitally signed by ANUJ ANUJ AGRAWAL AGRAWAL Date: 2022.02.09 14:08:35 +0530 contention of learned counsel for petitioner that in a complaint case where summoning order has been issued and the order permitting the respondents to raise such contentions at the stage of framing of notice and directing the magistrate to consider the same and pass appropriate order, is contrary to law.
Supreme Court - Daily Orders Cites 6 - Cited by 59 - Full Document

John Thomas vs Dr. K. Jagadeesan on 12 July, 2001

a) In John Thomas v. K.Jagadeesan Apex Court held thus: One of the normal rules in summons cases is that once trial started, it should reach its normal culmination. But Section 258 is included in the Chapter XX of the Code in the form of an exception to the aforesaid normal progress chart of the trial in summons cases. But by S.258 the power of Court to discharge an accused at midway stage is restricted to those cases instituted otherwise than on complaints wherein no material witness was examined at all.
Supreme Court of India Cites 7 - Cited by 98 - Full Document
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