2020 (11) TMI 500

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....THWIK, SR.PP ORDER Dated this the 6th day of November 2020 This Crl.M.C. is filed challenging order dated 27-08-2020 in C.M.P.No. 254/2020 in S.T.No. 3352/2016 on the file of the Judicial First Magistrate Court-II, Pathanamthitta. This is an application filed by the accused under Sections 216 and 245 Cr.P.C. to alter the charge and discharge him. The learned Magistrate dismissed the same.....

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....ion 216 Cr.P.C. the court can very well alter the charge and the petitioner can be discharged. The counsel submitted that even though the offence under Section 138 of the Negotiable Instruments Act is tried as a Summons Case, the court can alter the charge and discharge the accused. The counsel vehemently argued that the learned Magistrate adopted a hyper technical view and dismissed the petition.....

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.... 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. 7. The other provision relied by the petitioner is Section 245 Cr.P.C. Section 245 Cr.P.C. is provision to discharge an accused in a case instituted otherwise than on Police Report. Section 245 is included in Chapter XIX of t....