- (1.) A complaint of offences under Sections 138 of Negotiable Instruments Act, 1881, and 420 of Ranbir Penal Code, triable as a warrant case  was tried by Judicial Magistrate Ist Class (Forest Cases), Jammu, as a summons case . Accused led its evidence in the case. It was subsequently, noticed that wrong procedure has been applied for the trial of the complaint. Learned Magistrate, therefore, corrected its error and framed charge against the accused under Section 138 of Negotiable Instruments Act, 1881, and section 420 of Ranbir Penal Code.
(2.) AGGRIEVED by this order of the learned Magistrate, a criminal revision was taken before learned 2nd Additional Sessions Judge, Jammu. Learned 2nd Additional Sessions Judge, Jammu, has made reference for holding the order of the learned Magistrate bad in law.
(3.) I have considered the recommendation of learned 2nd Additional Sessions Judge, Jammu, as also submissions of learned counsel appearing for the parties. First plea raised by Sh. P. N. Goja, learned counsel for the petitioner, that error committed by learned Magistrate in trying the complaint as a Ëœsummons caseâ„¢, could not have been cured by him because this was an illegality, incurable by section 537 of the Code of Criminal Procedure, Svt. 1989. Learned counsel refers to The Public Prosecutor (A.P.) v. Vaijnath and another  reported as AIR 1971 Andhra Pradesh 48.;