THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1932 of 2004 JUDGMENT: The petitioners herein, who are the accused in C.C.No.88 of 2004 on the file of the IV Additional Munsif Magistrate, Guntur, and are facing trial for the offences punishable under Sections 138 and 141 of the Negotiable Instruments Act, filed Crl.M.P.No.5516 of 2004 before the said Magistrate seeking discharge. The said application was dismissed by the Court below by docket order, dated 09.09.2004, on the ground that the notice was not served on the private respondent i.e., the complainant. This Court by its order, dated 20.01.2005, while admitting the Criminal Revision Case, granted stay of all further proceedings in the said C.C., including execution of non-bailable warrants against the petitioners-accused. The notice is served on respondent No.1 and he has put in his appearance through an advocate by name Sri K.Srinivasa Reddy. It is mainly submitted by the learned counsel for respondent No.1 that the said application filed before the Court below is not maintainable for the reason that in a summons case, the question of discharge does not arise. I am totally in agreement with the said submission of the learned counsel for respondent No.1. The Supreme Court as well as this Court has taken the said view and the same was reiterated by this Court recently. In those circumstances, this Court is of the view that this Criminal Revision Case is misconceived and the same is, accordingly, dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 27th January 2011 DR