N I Act Compliance

If the facts narrated by you are correct the complainant will not succeed. No Supreme Court case is needed for you to succeed. On the facts admitted that DD was paid the magistrate ought to drop the proceedings and acquit you of the charges.

Thank you for your prompt reply.  We had the same line of thought.  Now we are debating whether we face the trial or go to Sessions to get the Magistrate's decision to take cognisance of the offence quashed.  Which would be a better option?  Thanks in advance.

Venkat 

Better move the sessions court for quashing the issue of process.  That is the only legal remedy available to you.

Dear All,

In view of Adalat Prasad's judgement I have my bonafide doubts  whether going to session court will be helpful.

Best Regards

Daksh

Daksh - Adalat Prasad deals with the power of the Magistrate to recall his own order for the issuance of process.  SC says Magistrate does not have power. Adalat Prasad does not deal with the statutory power of the sessions court to exercise the power of revision. Please therefore stand corrected.

Further Adalat Prasad is with regard to Summons Case. Even in Summons case Adalat Prasad can be bypassed by calling upon the Magistrate by referring to S.258 Cr.P.C. But that section is application only to summons case instituted "otherwise than upon complaint". Since 138 NI cases are instituted upon complaint one cannot take assistance of S.258 Cr.P.c. Therefore the remedy is to move Sessions court in revision.