Chhattisgarh High Court Issues Practice Directions Pursuant To Supreme Court Order on Cheque Bouncing Cases under section 138 negotiable instrument act
Following the Supreme Court’s directions regarding the trial of cheque bouncing cases; Chhattisgarh high court issued practice directions to magistrates and; trial courts with jurisdiction to try offences under the Negotiable instrument act.
It mentioned that “magistrates having jurisdiction to try offences under the negotiable instruments act, 1881 shall record cogent and sufficient reasons before converting a complaint under section 138 from summary trial to summons trial in the exercise of power under section 143”.
Date of effect – 2nd July 2021
The court issued various guidelines stated below:-
- The evidence of witnesses on behalf of the complaint may be taken on affidavit during any such investigation under section 202 of CrPC. Inappropriate instances the magistrate may limit the investigation to document examination to determine if reasons for proceeding under the aforementioned clause are sufficient.
- Served of summons in one complaint under section 138 of NI act relating to dishonor of cheques issued as part of the same transaction shall be deemed service in respect of other complaints filed before the same court relating to dishonor of cheques issued as part of the same transaction.
- Trial courts do not have the authority to review or recall the issuance of a summons in connection with a complaint filed under Section 138 of the N.II. Act. The power of the Trial Court under Section 322 of the CrP.C. to revisit the order of issuance of process if it is brought to the court’s attention that it lacks jurisdiction to try the complaint is unaffected.
- Section 258 of the Criminal Procedure Code does not apply to complaints filed under Section 138 of the National Insurance Act. Section 143 uses the phrase “as far as may be” only in relation to the applicability of Sections 262 to 265 of the Code and the Summary procedure to be followed for trials under the said Code.
- The Appellate Courts when appeals against decisions in a complaint under Section 138 of the N.II. The act is pending are instructed to try to resolve the problem through mediation.
- On receipt of any such complaint under Section 138 of N. Act, wherever it is Found that any accused is resident of the area beyond the territorial jurisdiction of the Magistrate concerned, an inquiry shall be conducted by the Magistrate to arrive at sufficient grounds to proceed against the accused as prescribed under Section 202 Cr. P.c
The notice issued is attached below-
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