JUDGMENT:

This Criminal Revision Case is filed by the petitioner aggrieved by the order dated 18.12.2024 passed in Crl.M.P.No.293 of 2023 in CC.No.4511 of 2019, on the file of II Additional Junior Civil Judge-Cum-II Additional Judicial Magistrate of First Class at Karimnagar.

2. Heard learned counsel for the revision petitioner and the learned Assistant Public Prosecutor for respondent-State. 3. The learned Magistrate dismissed the application filed under Section 245(2) of Cr.P.C. seeking discharge for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the N.I.Act’).

4. Under Section 138 of the N.I.Act, the offence is punishable upto two years, as such, it is a summons case. In a summons case, the Magistrate has to follow the procedure prescribed under Chapter XX, Sections 251 to 259 of Cr.P.C.

5. Learned Magistrate has clearly committed an error in entertaining the application filed under Section 245(2) of Cr.P.C. seeking discharge. The impugned order is bad in law, as such, the question of maintaining the revision does not arise.

6. Accordingly, the Criminal Revision Case is dismissed. Miscellaneous applications pending, if any, shall stand closed.

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