The exercise instructions dated 21st June 2021 that got here into pressure with instantaneous impact said that the Magistrates having jurisdiction to attempt offenses below the Negotiable Instruments Act, 1881 “shall document cogent and enough reasons” earlier than changing a grievance below sec. 138 of the N.I. Act from precis trial to summons trial in exercising of energy below the second one proviso of sec. 143 of N.I.Act.
“Due care and a warning will be exercised in this regard and the conversion of precise trial to summons trial shall now no longer be in a mechanical manner.” It stated.
Furthermore, it stated: “While engaging in the sort of inquiry below Section 202 Cr.P.C., the proof of witnesses on behalf of the complainant will be authorized to be taken on affidavit. In appropriate cases, the Magistrate might also additionally limit the inquiry to the exam of files for pleasure as to the sufficiency of grounds for proceeding below the stated provision.”
Other instructions issued are as follows:
- Trial Court shall deal with the provider of summons in a single grievance below Section 138 N.I. Act forming a part of a transaction, as a deemed provider in admiration of all proceedings filed before the equal Court relating to dishonor of cheques issued as a part of the equal transaction.
- Section 258 of Cr.P.C. has no applicability to proceedings below Section 138 of N.I.Act. The words “as a long way as might also additionally be” in Section 143 are used most effectively in admire of applicability of Sections 262 to 265 of the Code and the precise manner to be observed for trials below the stated Code
- Trial Courts don’t have any inherent energy to check or take into account the problem of summons on the subject of the grievance filed below Section 138 of N.I. Act. However, the equal shall now no longer affect the energy of the Trial Court below Section 322 of Cr. P.C to revisit the order of difficulty of the system in case it’s far added to the court’s observation appropriate that it lacks jurisdiction to attempt the grievance
- The Appellate Courts earlier than which appeals in opposition to the judgments in grievance below Section 138 of N.I. Acts are pending and are directed to take some time to settle the dispute via mediation.
Report by – Manaswa Sharma