Section 263(g) crpc

Uday Kumar (Querist) 19 July 2014 This query is : Resolved
Hello Sir,

How Section 263(G) will be applicable in a case of NI Act in view of Section 145(2) NI Act Mandvi(Supra)

Magistrate on very first date accepting Bail of the Accused framed the charge and fixed for 263(g) which is not correct in view of Mandvi(Supra)

With Regards
Uday Kumar

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T. Kalaiselvan, Advocate (Expert) 20 July 2014
263.Record in summary trials.-

In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:-
(g) the plea of the accused and his examination (if any);
Please furnish the details of applicability of rules of Mandvi in this respect and its violations (?)

Raj Kumar Makkad (Expert) 20 July 2014
The court has taken right decision in view of many judgments passed by Hon'ble apex Court to that regard.

Uday Kumar (Querist) 21 July 2014
Thanks Sir

That mean we should go with an application of 145(2) NI Act along with the Judgment of Mandvi(Supra) So that complaint may not be tried as Summary

Regards
Uday Kumar

Raj Kumar Makkad (Expert) 21 July 2014
Yes. You should follow the same path.

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