how to turn summons case in warrant triable ?
sanjay
(Querist) 27 February 2009
This query is : Resolved
in a case u/s 138 NI act, during trial it is proved that- accused had given cheque of his husband's account, i want to join his husband as a accused and turn the case in warrant triable u/s 420, 114 IPC, there is a provision in 221 & 319 , but court require citation on that point ,
i want to turn this case warrant triable and proceed against the accused in same trial .
PALNITKAR V.V.
(Expert) 02 March 2009
You will have to make application u/s 319 of Cr.P.C. If the provision is clear I do not understand why citation is required.I am pasting the provision.
319 . Power to proceed against other persons appearing to be guilty of offence.- (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the Court proceeds against any person under sub-section (1), then-
(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;
(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.
MANISH
(Expert) 10 March 2009
Mr. palnitkar is right.
Dear friend, Even in most of the cases, the MM also asks, if there are ss. 420 or any other provision of IPCl, that whether you wish to continue with the case under S.138 or wish to proceed with the case u/s 420, at that time, you have to be cautious and select it. the MM may itself initiate the proceedings in the either way. however, it is advisable to proceed u/s 138 proceedings, as they are summary in nature and even the punishment is almost same.
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
