Namitabh Kothari (9930992660) (Advocate, 9930992660) 29 October 2010
Friends,
Can the Magistrate frame " Charge" u/s 138 of NI Act against the Accused when the Accused has filed Revision against the Dismissal Order in an Application for "Discharge of Accused / Recall of Process/ Dismissal of Complaint"?
The Sessions Court has not granted any stay of proceedings, the Revision has simly adjourned the matter.
regards
adv. rajeev ( rajoo ) (practicing advocate) 29 October 2010
Try to get the stay order from the high court.
Sarvesh Kumar Sharma Advocate (Advocacy) 29 October 2010
if u have a clearcut order for stay the procidings in yr revision then magistrate can't frame d charge.
otherwise yes.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 07 November 2010
There is no provision of framing charges in NI 138 complaints.
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