From the above discussion, it is possible to take a view that the words “tries an offence” are more appropriate than the words “tries an o...

 By the nature of the offence Under Section 138 of THE ACT, the first ingredient constituting the offence is the fact that a person drew a...

 Reliance was then placed upon the decision in Fakhruddin Ahmad (supra), in particular paragraph 17. The said paragraph 17 reads as under...

It is also well settled that cognizance is taken of the offence and not the offender. Hence at the stage of framing of charge an individual...