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vivek nandwana (Querist) 09 October 2010 This query is : Resolved
criminal court took cognizence u/s 138ni act.

can a acusse challenge that order?

what is proper remedy and process in same court or upper court?

vivek nandwana.

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R.Ranganathan (Expert) 09 October 2010
Can quash the order in the District/Principal court or High Court.

Sarvesh Kumar Sharma Advocate (Expert) 09 October 2010
yes order can challenge ,
but if u have sufficiant ground 4 d challenge dn face d trail same court.

Kirti Kar Tripathi (Expert) 09 October 2010
yes, it can be challenged

B K Raghavendra Rao (Expert) 09 October 2010
Grounds for challenging the act of the court in taking cognizance under Section 138 needs to be studied in depth. If that act is not applicable prima facie then the accused may challenge the summons under Section 482 of Cr. P. C.in the High Court.