https://www.taxtmi.com/caselaws?id=784259 In a complaint under Section 138 of the Negotiable Instruments Act, once cognizance is taken and summons are issued, the Magistrate cannot discharge the accused by recalling or reviewing the summons on a maintainability objection. The proceeding must continue in accordance with Chapter XX of the Code of Criminal Procedure, and Section 258 CrPC does not apply to such complaints. The trial court therefore lacked jurisdiction to drop the case after process was issued, making the discharge order unsustainable. en-us Fri, 12 Dec 2025 00:00:00 +0530 Thu, 01 Jan 2026 08:18:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=784259 In a complaint under Section 138 of the Negotiable Instruments Act, once cognizance is taken and summons are issued, the Magistrate cannot discharge the accused by recalling or reviewing the summons on a maintainability objection. The proceeding must continue in accordance with Chapter XX of the Code of Criminal Procedure, and Section 258 CrPC does not apply to such complaints. The trial court therefore lacked jurisdiction to drop the case after process was issued, making the discharge order unsustainable. Case-Laws Indian Laws Fri, 12 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=784259