NDLI: in Re: Expeditious Trial of Cases Under Section 138 of N.i. Act 1881 Vs. .

in Re: Expeditious Trial of Cases Under Section 138 of N.i. Act 1881 Vs. .

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in Re: to Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials Vs. The State of Andhra Pradesh & Ors.

in Re: Expeditious Trial of Cases Under Section 138 of N.i. Act 1881 Vs. .

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in Re: Expeditious Trial of Cases Under Section 138 of N.i. Act 1881 Vs. .

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1881: s. 138 Negotiable Instruments Act
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Suo Moto Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Negotiable Instruments Act, 1881: s. 138 – Expeditious trial/ disposal of cases u/s. 138 – Pendency of matters u/s. 138 at various levels, having adverse effect in disposal of other criminal cases – Imminent need for remedying the situation – Suo Motu Writ Petition – Issuance of notice to Union of India, Registrar Generals of the High Courts, Director Generals of Police of the States and Union Territories, Member Secretary of the National Legal Services Authority, Reserve Bank of India and Indian Banks’ Association – Submission of preliminary report by amicus curiae, based on the responses by the State Government and Union Territories – In view thereof, necessary suggestions made for redressal of backlog of cases, by this Court – Request to High Courts to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 from summary trial to summons trial – Inquiry to be conducted on receipt of complaints u/s 138 to arrive at sufficient grounds to proceed against the accused, when such accused resides beyond the territorial jurisdiction of the court – For the conduct of inquiry u/s 202 of the Code, evidence of witnesses on behalf of the complainant to be permitted to be taken on affidavit, and in suitable cases, the Magistrate can restrict the inquiry to examination of documents without insisting for examination of witnesses – Amendments be made to the Act for provision of one trial against a person for multiple offences u/s 138 committed within a period of 12 months, notwithstanding the restriction in s. 219 of the Code – Request to High Courts to issue practice directions to the trial courts to treat service of summons in one complaint u/s 138 forming part of a transaction, as deemed service in respect of all the complaints filed before the same court relating to dishonour of cheques issued as part of the said transaction – Amendment to the Act empowering the trial courts to reconsider/recall summons in respect of complaints u/s 138 to be considered by the Committee constituted, along-with the other issues relating to expeditious disposal of complaints u/s 138 – Code of Criminal Procedure, 1973 – ss. 202, 219, 258, 322.
Judge	N/A
Neutral Citation	2021 INSC 257
Petitioner	In Re: Expeditious Trial Of Cases Under Section 138 Of N.i. Act 1881
SCR	[2021] 4 S.C.R. 257
Judgement Date	2021-04-16
Case Number	2

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