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Namitabh Kothari (9930992660) (Advocate, 9930992660)     29 October 2010

help me !


Do you citation of any Judgement by Supreme Court or Bombay HIgh Court which says that the Magistrate should not proceed with the framing of Charge in 138 NI Act when the Accused has filed revision application for Discharge in the Sessions Court (though no Stay order is granted by the Sessions Court)?????

please help me as the Magistrate is very very interested in framing the charge though its a new matter.



 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 October 2010

If there is any order by  the High Court to stay the proceedings then LC cannot frame the charge, otherwise it can frame the charge.

Ajoy Gupta (Advocate)     30 October 2010

Dear Mr.Namitabh, Unless and untill there is stay by the High Court, Lower court is bound to proceed further in the case whether it is a matter of framing charge or any stage.

manpreet Singh (student/LO)     09 January 2012

I agree with the above comments given. Until and unless there is an express stay granted the court is duty bound to proceed further.

G.Nagarajeshwar Rao (Advocate)     09 January 2012

I too agree with my friends... the trial court can not stop the proceedings unless and untle there is stay by the District Court or High court. More over it is triable and disposed within six (6) months from the cognizance of the court...  

Niny (Junior Advocate)     31 January 2012

If cheque is bounced, and notice is given and cheque money not paid in 15 days, and all thses proof is given to magistrate with original document, and is verfied on oath by complainant with hs Complaint, It is proved prima facie, ofence is comitted.


Now accused will not know all thses, as summon not sent to him

Once summon is sent, it is Process issued, and charged framed.

After that Directly trial will start, am i right??

Si where is the chance to discharge??


At the most. accused can pray for Rebvision in sessions court, chellenge process order gainst him.

As judge check al documents before issue process and summon accused, there is no or negligible  chance for discharge??

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