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advocatelawfirm (Founder Partner)     27 March 2012

Can writ petition read with sec 482 be filed

can a writ petition read with section 482 crpc be filed to quash proceedings of trail court under s 138 NI act?



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 4 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     27 March 2012

At least in Delhi, I have done so i.e. filing of WP(Crl.) under Article 226/227 COI r/w Section 482 Cr.PC in which Notice has been issued.

 

You may also do so.

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Praveen Goud Vanga (Advocate)     27 March 2012

writ petition deals with article 226 of constitution, whereas section 482 deals with criminal procedure code, both are different  legal provisions .coming down to query,  only through sec 482 crpc  quash proceedings can be initiated , but not through  writ petition.

1 Like

k.chandrasekharan (advocate)     28 March 2012

Criminal Petition u/s 482 Cr.P.C. would suffice, provided on the face of the complaint averments, no offence is made out against the accused, and no matter requiring evidence is there.

Art.226 writ jurisdiction is extraordinary. There are several judgements declining to exercise the jurisdiction in Sec.138 NI Act cases. It is also not necessary.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     30 March 2012

For cheque cases rarely 482 is maintainable unless glaring errors.

 

You will have lot of opportunities to come out at lower court since power of defense is immense.


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