Application under sec 204 crpc for quashing the proceedings

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Application Under Sec 204 CrPC for quashing the proceedings under Section 138 of the NIA

 

2 years after the service of Bailable Warrants,  the accused files an application before the magistrate under Section 204 praying for quashing of proceedings of Section 138 NIA for the following reasons

(i)                  The magistrate issued Bailable Warrants straightaway and not summons which is a procedural irregularity

(ii)                The list of evidence was not furnished

 

Queries:

(a)Is the above application maintainable under law

(b) Can the proceedings be quashed at this stage

 
Reply   
 

magistrate can issue bailable warrants without issuing summons 

if the facts of the case known the answer would be accurate to explain 

 
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simple solutions for criminal legal problems -- yourpunch@gmail.com

These are procedural irregulaities. morever it is summons case so it can not be quashed after issue of process. The accused has to face trial.

 

Cheque bounce law is technical law and by proper defense accused can win the case since there are other and many lapses by complainant.

 
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