JAMES KHAN Vs. THOMAS COOK INDIA LIMITED

JUDGEMENT

(1.) THIS revision is against the order of the learned XIV Metropolitan magistrate in Crl. M. P. No. 6092 in C. C. No. 3155/94 dismissing the petition or the petitioners to discharge them.

(2.) THESE petitionerrs have been prosecuted under Section 138 of the Negotiable instruments Act and after entering appearance by these petitioners they filed a petition m. P. No. 6092/94 to discharge them on certain grounds mentioned in the petition. The learned Magistrate dismissed the petition holding that as this being a summons case there is no provision to discharge the accused and therefore, the petition was not maintainable. As against this order, the revision is filed by the petitioners-accused.

(3.) THE learned counsel for the revision petitioner Mr. Shanmughasundaram refers to decision of the Supreme Court in K. M. Mathews v. State of Kerala, 1992 (1)S. C. C. 217 wherein the Supreme Court has found that even for the offence under section 500 read with Section 34 of Indian Penal Code the accused persons, entering appearance are entitled to plead that the case was not triable against them. The Supreme court has found that if the taking file of the complaint and the issue of summons was not proper according to law, the accused persons are entitled to plead to drop the proceedings against them.