SUHBRAMANIUM SETHURAMAN vs STATE OF MAHARASHTRA

The Supreme Court addressed the appeal concerning the discharge of accused under Section 138 of the Negotiable Instruments Act. The Court held that the Magistrate's power to review an earlier order is restricted by Section 362 of the Code of Criminal Procedure, 1973, and that once a plea is recorded, the Magistrate cannot discharge the accused without considering evidence. The Court ultimately upheld the High Court's decision to set aside the discharge order, reinforcing the procedural integrity of criminal proceedings.