apliction for discharge of case u/s.138 of NIAct before plea

Querist : Anonymous (Querist) 26 February 2010 This query is : Resolved
Dear sir,
I have appear on behalf of a accused in the case of u/s.138 of N.I.Act. this matter is now keep for plea.
But I found some tecnical and law points on which no offence is made out.
i) accused is a chairman of a Cr.society and at the time of cheque bounse accused was resigned from society.
ii) in that complaint complainant added only chairman and manager as accused.

So please advise me whether I can file a application for discharge of accused before plea of accused or not.
Or Can I have file a Revision for recall of process?
Please Reply. it's Urgent.

Follow Query

Report Abuse

Arvind Singh Chauhan (Expert) 26 February 2010
Yes you should file revision agaisnst the cognizance order.

Adinath@Avinash Patil (Expert) 26 February 2010
YES YOU CAN FILE REVISION BEFOR SESSIONS COURT OR YOU CAN FILE REVIVISION/WRIT PETITION IN THE HIGH-COUR

Sachin Bhatia (Expert) 26 February 2010
Yes you can file a Revision.

Raj Kumar Makkad (Expert) 26 February 2010
I concur with experts.

Parveen Kr. Aggarwal (Expert) 27 February 2010
It is a disputed question of fact whether he had resigned before the dishonour of the cheque or not and cannot be decided before evidence is adduced with regard thereto. Therefore, before production of evidence such a plea cannot be decided and can be decided only after trial. Otherwise also, if the cheque bears signatures of the person who resigned from the Chairmanship before dishonour of cheque, will have to prove the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence and this can be proved only during trial.

So, before trial availing such remedies is not advisable.

Sukhija (Expert) 27 February 2010
I agree with Expert Parveen

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries