138 negotiable instrument act

practicing advocate (Querist) 09 September 2018 This query is : Resolved
Respected Learned Counsel,
Whether it is binding upon the magistrate to take statement of the accused under section 313 of the crpc pertaining to summons case like dishonor of cheques?
In my one case pertaining to 138 the magistrate has not taken the statement of accused and waive off the statement of accused under section 313 of the crpc.
I would like to know whether the magistrate is empowered to do so?
Is there any citation available for the same?

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Dr J C Vashista (Expert) 10 September 2018
Mr. / Ms. Practicing Advocate,
Who so ever you are, you are anonymous author.
Seek guidance of a local senior lawyer, no spoon feeding/ training is conducted on this platform, it is meant for helping out needy litigants.

Guest (Expert) 10 September 2018
Mr. Pactising Advocate without any name,

Replies to your 20 months old query, as at the following thread in themselves, proved that you can only be a law student, not a practising advocate. Moreover, practising Advocates, do not make their ID without name.
http://www.lawyersclubindia.com/experts/woman-of-bad-character-629201.asp

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