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1 - 10 of 13 (0.38 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 143 in The Negotiable Instruments Act, 1881 [Entire Act]
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."
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.
Section 239 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
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.