Sec 258 of crpc applicable for ni act 138

i do not think crpc 258 is applicable for this. 

Sec 258 of Cr.P.C does not apply in proceedings under sec 138 of Negotiable Instruments Act. Since the proceeding under sec 138 of N.I.Act is institude on complaint as such provision of sec  258 of Cr.P.C  has no application.See 2011[1] DCR 181[ Utr] Ashok Kumar vs State of Uttrakhand

Dear Rajender,

Under section 258 of Criminal Procedure Code, the magistrate can stop the proceeding at any stage as you, yourself have mentioned in your query. This certainly includes appearance stage of trial stage. So, the case can be dismissed at the very initial phase and also after evidence has been adduced with regard to the case which also includes the testimony of the principal witnesses.

Principal witnesses are the main witnesses of both the parties, i.e. the plaintiff and respondents. According to the abovementioned provision, even if the testimony of the principal witnesses has been recorded in the court, the proceedings can still be stopped by the magistrate. This may be a case fit for stoppage under Section 258 of the CrPC but that will depend on several factors, which are for the learned magistrate to decide. However, prima facie it appears that the mere fact that the summons have not been served to some directors may not be sufficient to throw out the case.

To be on a safer side it is prudent to file both the petition and the supporting affidavit. The petition as obvious is a compulsory document and the supporting affidavit would clear your stand on the case and seen in light of the lack of evidence from other side would make compelling case for stopping the proceeding in this trial.

Regards,
Adv. Rajiv Malhotra
www.lawkonect.com
 

sir this is a complaint case ,so whether it is allowed or not .pls explain the difference between complaint cases and non-complaint cases.give me some examples sir .bhartesh goyal sir explained that complaint cases are not applicable u/s 258 of crpc. this is a case of complaint u/s 200 crpc.