commital order 174-a

Advocate.S.A.Siddiq (Querist) 03 January 2010 This query is : Resolved
The trial court passed commital order against accused u/s 174A of IPC . is this order is void or not ? maintainable or not ?

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Devajyoti Barman (Expert) 03 January 2010
The offence u/s174A IPC consists of two parts. One for three years and another for seven years. So if it is tried by CJM then it has power to try the offence and hence no question of commitment. But the Magistrate other than CJM can not try second part of Sec.174A IPC which speaks of seven years of punishment and then the order of commitment is right.

Raj Kumar Makkad (Expert) 03 January 2010
I do agree with Barman.

Arvind Singh Chauhan (Expert) 03 January 2010
Agree with Barman Sir.

Ajay Bansal (Expert) 04 January 2010
Agree with Barman.

Advocate.S.A.Siddiq (Querist) 05 January 2010
All of you thankyou. the order passed by Judicial Magistrate , in Cheque bounce case , after declared accused as a P.O

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