AJAY KHADOLIA (PARTNER) 13 July 2012
my lawyer is moving an application u/s - 258 of cr.pc. for discharging proceedings u/s-138 on the following grounds .... 1) the lower court does not have jurisdiction 2) the value of the cheque is higher than the amount due. 3) the cheque was a blank security cheque. now is 258 a viable section to move discharge application in my matter ?? please update sir !! thanks.
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 13 July 2012
This is a private summons case so section 258 is not applicable, it is applicable for Govt cases.You have to undergo trial.
R Trivedi (advocate.dma@gmail.com) 13 July 2012
I will comment on Pt#1, how do you know that the lower court does not have jurisdiction ?? The Poit#2 & Point #3 are matter of evidence which require full trial.
On jurisdiction matter if it is illegal then you can approach High Court u/s 482.
SAINATH DEVALLA (LEGAL CONSULTANT) 25 July 2012
Yes,Section 258crpc is not appliable for this case and the facts mentioned by the querist are not correct.
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