Discharge Petition in NI Act case

Srinivas.B.S.S.T (Querist) 13 May 2009 This query is : Resolved
Under what provision of Cr.P.C. a discharge petition seeking the discharge of the Accused from NI Act case should be filed?

Is it under Section 239 Cr.P.C to discharge or Under Section 204 Cr.P.C to recall the process issued against the Accused?. Awaiting replies of Learned Members. Srinivas BSST

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adv. rajeev ( rajoo ) (Expert) 14 May 2009
It is u/w 239 of Cr.P.C. because it is summons case.

Srinivas.B.S.S.T (Querist) 15 May 2009
Sir, Section 239 Cr.P.C. starts as " if, upon considering the police report and the documents sent with it under Section 173....". SO i think Section 239 is in warrant cases. Awaiting for your reply.

Uma parameswaran (Expert) 16 May 2009
You can move under section 482 .

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