Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Namitabh Kothari (9930992660) (Advocate, 9930992660)     29 October 2010

can the magistrate frame "charge u/s 138" of NI Act?


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.





 3 Replies

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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