Dishonour of Cheque -- Discharge After Cognizance -- Magistrate has no power to discharge accused in summons case once cognizance is taken
Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Discharge After Cognizance -- A Magistrate has no power to discharge an accused upon appearance in a summons trial case based on a complaint. Once cognizance has been taken and process issued under S.204 CrPC, discharge of the accused is not permissible, more particularly in a case under S.138 of the Negotiable Instruments Act, 1881.
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