Sec 4 & 5 of CrPC Not Applicable Where Provision of NI Act Were Not Invoked by the Complainant: Allahabad HC

In an important decision, the Allahabad High Court has ruled that The provisions of Section 4 of Cr.P.C. read with Section 5 are not attracted where the complainant has not invoked the provisions of Special Act, such as Negotiable Instruments Act. A Division Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Gautam Chowdhary observed:

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READ ALSO  Remitting the matter for a denovo trial should be exercised as a last resort and should be used when defect which cannot be cured at an appellate stage: Karnataka HC
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