discharge in 138 cases

Dear Mehbub,

Sorry, there is no Judgment in the name  as stated by you Adalat Prasad's Case u/s 138 of N.I.Act.

The Hon'ble Supreme Court in 2005 GHJ Part-1 Page-136 in the case of Adalat Prasad Vs. Rooplal Jindal dealt with powers of the Magistrate in taking cognizance and issuance of summons and held that once the Magistrate had taken cognizance and issued summons, he cannot recall the said order of issuing summons.  If the accused, aggrieved by the order of taking cognizance and believes that there is no material whatsoever for taking cognizance of the offence in the complaint or statements of the witnesses, the only remedy to the aggrieved accused is to invoke the jurisdiction of the High Court concerned u/s 482 Cr.P.C. seeking to quash the order passed by the Magistrate. 

The above Judgment is applicable in all the criminal cases whether they relates to N.I.Act or not.

If you are firm that there is no material in the complaint or for that matter the requirements of S.138 to S.142 of the N.I.Act are not satisfied and the Magistrate issued summons illegally, you may approach the High Court concerned by relying on the above Judgment.  

thanks for explanation and citation.

Instead of approaching the High Court u/s 482 Cr.P.C. , one may invoke the revisional jurisdiction of the Court of Session. Am I right?

thanks a lot mr. Gupta for the explanation and correcting me.  thanx again for the full citation.

 You are right except that in the even of Sessions also turning down you request, you have to go to High Court ultimately. So better go to HC straightaway.