Revision against dismissal of a discharge petition in a cheque dishonour summons case. Following Adalat Prasad vs. Rooplal Jindal, which holds no discharge petition lies in a summons case, the High Court found no infirmity in the trial court's order and dismissed the revision.
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CRL RC(MD)No.428 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
CRL RC(MD)No.428 of 2023
and
CRL MP(MD)Nos.6285 and 6286 of 2023
Jothibasu
... Petitioner / Petitioner
Vs.
Mariappan ... Respondent / Respondent
PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the records relating to the order dated 12.01.2023 in Crl.M.P.No.7665 of 2022 in S.T.C.No.283 of 2022 on the file of the learned Judicial Magistrate Special Court for Exclusive Trial of Negotiable Instrument Act, Tirunelveli.
For Petitioner : Mr.K.P.Narayanakumar
For Respondent : Mr.S.Michael Heldon Kumar ORDER
This Criminal Revision Petition is filed to call for the records relating to the order dated 12.01.2023 in Crl.M.P.No.7665 of 2022 in S.T.C.No.283 of 2022 on the file of the learned Judicial Magistrate Special Court for Exclusive Trial of Negotiable Instrument Act,
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CRL RC(MD)No.428 of 2023
Tirunelveli.
2.The discharge petition was filed by the petitioner before the learned trial Court under Section 138 of the Negotiable Instrument Act, 1881. However, the learned Judicial Magistrate has dismissed the same by rightly relying upon the judgment of the Honourable Supreme Court in Adalat Prasad vs. Rooplal Jindal and others1 , wherein it has been categorically settled that no petition for discharge would lie in summons case. Considering the fact that there is no infirmity in the aforesaid order, I am not inclined to interfere with the order challenged before this Court.
26.06.2025
NCC : Yes / No Index : Yes / No Internet : Yes Sml To The the learned Judicial Magistrate Special Court for Exclusive Trial of Negotiable Instrument Act, Tirunelveli.
1 2004 (4) SCC (Cri) 1927
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CRL RC(MD)No.428 of 2023
L.VICTORIA GOWRI, J.,
Sml
CRL RC(MD)No.428 of 2023
26.06.2025
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1 issue framed by the court
Whether a criminal revision lies against the dismissal of a discharge petition in a summons case under the Negotiable Instruments Act.
Colour shows how this judgement treated each authority
Adalat Prasad vs. Rooplal Jindal and othersRelied on¶2
2004 (4) SCC (Cri) 1927 · Who else cites this
2 provisions across 2 enactments
Jothibasu
Mariappan
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
