1 cri appln 203.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 203 OF 2010 Smt. Premlata Subhash Nabarai .. Applicant Versus Paras Shantilal Kankaria .. Respondent Shri Pradip K. Palve, Advocate for the Applicant. Shri S. S. Shete, Advocate for the Respondent. CORAM : S. S. SHINDE, J. DATE : 27TH JANUARY, 2011. PER COURT : . Heard learned counsel appearing for the applicant and learned counsel appearing for the respondent. The counsel appearing for the applicant submits that, the Magistrate has no power to discharge the respondent while trying the summons case. The powers U/Sec. 245 of Cr. P. C. can be invoked only in warrant cases. The counsel for the applicant invited my attention to Section 2(w) and also Section 2(x) and also provisions of Section 403 of the Indian Penal Code and submitted 2 cri appln 203.10 that, in the case in hand only prosecution U/Sec. 403 of the I. P. Code is relevant. Therefore, the maximum sentence which can be given U/Sec. 403 is two years. Therefore, if the case is summons case and in which the maximum sentence can be given of two years in that case the Criminal Procedure Code provides a scheme of trial under the provisions of Section 251 to 259. Therefore, the counsel submits that this Court may grant leave to appeal against the impugned judgment and order passed by the Trial Court. 2. On the other hand, the counsel appearing for the respondent submitted that, the case tried by the Trial Court falls under the case other than of police report. The Trial Court has rightly applied Section 245 and discharged the respondent. 3. Upon hearing the counsel appearing for the applicant and learned counsel appearing for the respondent and upon perusal of the provisions of Section 251 to 259 and also the provisions of Section 244 and 245 of Cr. P. C. and also Section 2(w) and 2(x), I am prima facie of the opinion that, while trying summons case, the Trial Court cannot take recourse to Section 244 or Section 245 of Cr. P. C. I find considerable force in the arguments of the 3 cri appln 203.10 learned counsel for the applicant. Therefore, the application seeking leave to appeal from judgment and order dated 16.11.2009 passed by the 6 th J.M.F.C., Ahmednagar in R.C.C. No. 242/2002 is allowed and disposed of. 4. The Registry is directed to register this application as appeal. Both the counsel submit that, Record and Proceedings are received. List this matter for final hearing on 21 st February, 2011 at 2.30 p.m. [S. S. SHINDE, J.] bsb/Jan. 11