https://www.taxtmi.com/caselaws?id=309945 In a Section 138 complaint, a Magistrate cannot discharge the accused after process has been issued, because the court has no inherent power to review or recall the order taking cognizance once that stage is crossed. Section 258 CrPC is confined to summons cases instituted otherwise than on complaint, so it cannot be imported into complaint proceedings under the Negotiable Instruments Act. The only recognised exception is where the Magistrate lacks jurisdiction, in which event the proceedings must be stayed and placed before the proper court. en-us Wed, 20 Apr 2022 00:00:00 +0530 Wed, 27 Sep 2023 21:13:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309945 In a Section 138 complaint, a Magistrate cannot discharge the accused after process has been issued, because the court has no inherent power to review or recall the order taking cognizance once that stage is crossed. Section 258 CrPC is confined to summons cases instituted otherwise than on complaint, so it cannot be imported into complaint proceedings under the Negotiable Instruments Act. The only recognised exception is where the Magistrate lacks jurisdiction, in which event the proceedings must be stayed and placed before the proper court. Case-Laws Indian Laws Wed, 20 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309945