https://www.taxtmi.com/caselaws?id=400745 A prosecution under Section 138 of the Negotiable Instruments Act is tried as a summons case, or in suitable situations as a summary trial, so no formal charge is framed. In that procedural setting, Section 251 of the Code of Criminal Procedure applies and the accused is only informed of the particulars of the offence. Section 216, which permits alteration or addition of a charge before judgment, applies only where a charge already exists, and Section 245 applies to warrant cases instituted otherwise than on a police report. Accordingly, an application seeking alteration of charge and discharge is not maintainable in such proceedings. en-us Fri, 06 Nov 2020 00:00:00 +0530 Wed, 18 Nov 2020 09:31:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=400745 A prosecution under Section 138 of the Negotiable Instruments Act is tried as a summons case, or in suitable situations as a summary trial, so no formal charge is framed. In that procedural setting, Section 251 of the Code of Criminal Procedure applies and the accused is only informed of the particulars of the offence. Section 216, which permits alteration or addition of a charge before judgment, applies only where a charge already exists, and Section 245 applies to warrant cases instituted otherwise than on a police report. Accordingly, an application seeking alteration of charge and discharge is not maintainable in such proceedings. Case-Laws Indian Laws Fri, 06 Nov 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=400745