Negotiable Instrument ActC

Chetan (Querist) 11 July 2010 This query is : Resolved
My client received a summons of 138 case whereas the cheque was lost and he ws filed the police report after losing the same

even also after receipt of notice of 138 the accused reply the same and requested the complainant to return the cheque but the complainant filed the suit and the accused received the summons.

whether on first date at the time of getting bail whether I can file a discharge application /

pls guide with citation urgent

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Devajyoti Barman (Expert) 11 July 2010
Yes this has got the merit for discharge but given the conduct of the lower judiciary it is unlikely that the accused would be discharged. If not then you can go for quashing.

S. Bharath (Expert) 12 July 2010
A case under S. 138 NI Act is a summons case where there is no provision for discharge. Let your client face the trial, it appears that he has a good case.