Trial Court Made Legal Error Entertaining Section 145 Application Prematurely in Cheque Dishonor Case.

Dishonor of Cheque - summon of accused - Application under Section 145 of NI Act was entertained at wrong stage whereas such application is permissible after closure of or during leading of evidence of complainant, at a stage when complainant would have been given opportunity to lead and complete his evidence after recording substance of accusation or putting notice of accusation or framing of charge but not before that. Therefore, the application should not have been permitted to be filed at wrong stage and in any case, if it had been permitted to be filed at wrong stage, then the same should have been kept pending for consideration at appropriate stage. - Serious mistake committed by the trial Court is not mere irregularity but illegality - HC .....

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