Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (11) TMI 500 - HC - Indian LawsDishonor of Cheque - alteration of charge invoking the power under Section 216 Cr.P.C. - HELD THAT:- It is an admitted fact that the case pending against the petitioner is initiated under Section 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 XVII of the Cr.P.C. That Chapter deals about charge. Section 216 is applicable when a court want to alter or add to any charge at any time before the judgment is pronounced. To attract Section 216 Cr.P.C. a charge is necessary. Then only it can be altered or any other charge can be added. Here is a case where there is no charge. Therefore, Section 216 Cr.P.C. is not at all applicable. The petition filed by the petitioner is not legally maintainable - Application dismissed.
|