Legal Question in Criminal Law in India
Notice under sec:138 of NI Act issued by Complainant against Accused to make demand for payment of dishonoured cheque amount in which amount of demand is not mentioned in the notice as well as in the Complaint.Whether Accused can file discharge on this ground.Please answer with latest judgements.Thanks.
4 Answers from Attorneys
Cheque is part of the complaint. So, if original cheque has been filed along with the complaint, the accused cannot be discharged just on this ground
in case the amount is not mentioned in the notice and not even in the complaint, this is a serious omission on the part of complainant. you may file an application of discharge and in case it is not allowed, you may approach the high court for setting aside the order of summoning.
Matter under section 138 NI are tried either as summary trial or summons trial. These procedures do not contemplate any discharge.
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