https://www.taxtmi.com/caselaws?id=777630 A Magistrate has no inherent power to recall summons or discharge an accused at the threshold in a Section 138 Negotiable Instruments Act complaint, so a recall-based challenge cannot be used to reopen the summoning order. A BIFR restraint order under Section 22A of the Sick Industrial Companies Act is not an automatic bar to prosecution under Section 138; its effect must be assessed on its own terms and, where disputed, on evidence at trial. The complaints could not be quashed or stalled at the threshold, and the proceedings were restored for decision in accordance with law. en-us Tue, 02 Sep 2025 00:00:00 +0530 Wed, 03 Sep 2025 08:19:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=777630 A Magistrate has no inherent power to recall summons or discharge an accused at the threshold in a Section 138 Negotiable Instruments Act complaint, so a recall-based challenge cannot be used to reopen the summoning order. A BIFR restraint order under Section 22A of the Sick Industrial Companies Act is not an automatic bar to prosecution under Section 138; its effect must be assessed on its own terms and, where disputed, on evidence at trial. The complaints could not be quashed or stalled at the threshold, and the proceedings were restored for decision in accordance with law. Case-Laws Indian Laws Tue, 02 Sep 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=777630