When can we apply for discharge of the accused u/s 138 nia

Dear Aashish,

You can apply for discharge under section 258 of Cr.P.C and no other provision is applicable as this is summon trial case. There should be solid ground when judge instead of issuing the notice dismiss complaint. when judge has issued the summon / taken cognizance then onus is upon you even under section 145(2) of Negotiable Instruments Act to prove that cheque is not against any liability.

Rajiv Bhasin

Advocate

9811210505 / 9868635640

This is a private complaint so crpc 258 is not applicable. This is summery trial so you have to go through the whole process ot trial.

If your case is strong you can demolish the evidence of the complainant in cross.

Originally posted by : ADVOCATE DEFENSE
	This is a private complaint so crpc 258 is not applicable. This is summery trial so you have to go through the whole process ot trial. If your case is strong you can demolish the evidence of the complainant in cross.

The above is indeed the correct position of the law... CrPC 258 is available for summons cases other than the ones instituted by private complaint...

Not sure why the law doesn't provide a similar course for private complaint based summons cases since most magistrate do not pay attention before issuing process..