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TMI Blog2020 (11) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 138 of the Negotiable Instruments Act. Section 138 of the Negotiable Instruments Act is usually tried as a Summary Trial or as a Summons Case. In those proceedings, there is no question of framing charge. As per Section 251 Cr.P.C., only particulars of the offence will be put to the accused and there is no framing of charge in the summons Trial. Section 216 Cr.P.C. is included in Chapter XVI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e file of the Judicial First Magistrate Court-II, Pathanamthitta. This is an application filed by the accused under Sections 216 and 245 Cr.P.C. to alter the charge and discharge him. The learned Magistrate dismissed the same. Hence this Crl.M.C. is filed. 2. The case of the petitioner is that he is an accused in which the offence alleged is under Section 138 of the Negotiable Instruments Act. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Instruments Act is tried as a Summons Case, the court can alter the charge and discharge the accused. The counsel vehemently argued that the learned Magistrate adopted a hyper technical view and dismissed the petition. Therefore, the counsel submitted that this Court may kindly interfere with the same. 5. It is an admitted fact that the case pending against the petitioner is initiated under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r provision relied by the petitioner is Section 245 Cr.P.C. Section 245 Cr.P.C. is provision to discharge an accused in a case instituted otherwise than on Police Report. Section 245 is included in Chapter XIX of the Cr.P.C. Chapter XIX deals about trial of Warrant Cases by Magistrate. Admittedly, the petitioner is not facing a warrant trial. In such situation, according to me, the petition filed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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