discharge petition u/s 227 crpc in NI Act

Advocate.S.A.Siddiq (Querist) 20 August 2010 This query is : Resolved
Accused was in Judicial Custody in another case.At the time legal notice sent and served at prison.Now accused released from jail, filing 227 petition for discharge the liability at JM Court. he informed in petition NI Act not made out .

whether 138 NI Act madeout or not made out ? 227 petition maintainable or not ?

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pawan sharma (Expert) 20 August 2010
The s.138 N I Act case is summon case and s.227 is apply in the cases which are exclusivlly trial by the court of session.
so it is not maitinable.

DEFENSE ADVOCATE.-firmaction@g (Expert) 20 August 2010
And even otherwise such applications are not mainatinable unless you can show bonfide mistakes by the opponent.

Law or no law if the pleadings of the complainant are acceptable in fact and law at face value without any further evidence and cross and even than if no case can be made out against the accused THAN ONLY YOU CAN MAKE APPLICATION FOR DISMISSAL OF COMPLAINT.

IT DOES NOT NEED ANY PROVISON , JUST GO IN REVISION BEFORE SESSIONS COURT. BUT BUT AND IT IS BIG BUT THAT THE PLEADINGS EVEN IF ACCEPTED AT FACE VALUE STILL NO CASE IS MADE OUT.

Please note that most of the people make mistakes here.

Pleadings and case of the complainant is false is defferent thing and no case is made out from pleadings is finer tuning of law and entirely defferent perspective.

If you can appreciate this and move accordingly you will succeed.

We do in routinely .

s.subramanian (Expert) 20 August 2010
you cannot seek discharge in a summons case. A case u/s 138 is a summons case and you cannot file any petition for dicharge.

Guest (Expert) 20 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE N.I.ACT.SEC.138 CASE KINDLY NOTE THAT.
1.YOU MAY FILE A WRIT PETITION IN THE HIGH COURT AND GET THE PROCESS ISSUED BY LOWER COURT QUASHED.YOU WILL SUCCEED.GOOD LUCK.
YOU MAY WRITE AND SEND DETAILS WILL HELP YOU.THANKS.

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