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Summary judgment in check bouncing cases will be the norm: SC | India News


NEW DELHI: Alarmed by the flooding of trial courts with more than 31 lakh of check bouncing cases, the Supreme Court on Friday asked magistrates’ courts handling cases under Section 138 of the Negotiable Instruments Law that adhere to the summary judgment of such cases and do not convert them routinely. in long subpoena cases.
“The higher courts are requested to issue practical instructions to the magistrates to record the reasons before converting the judgment of complaints under Section 138 of the Act from a summary judgment to a summons trial,” ordered a bank of five judges of the Chief Justice SA Bobde, and justices LN Rao, BR Gavai, AS Bopanna and SR Bhat.
The constitutional court also recommended that the government make appropriate amendments to the NI Act to provide for “a trial against a person for multiple offenses under Section 138 of the Act committed within a 12-month period, despite the restriction on the Section 219 of the Code of Criminal Procedure ”.
The CV also said that a magistrate must conduct an investigation upon receiving complaints under Section 138 of the Act to arrive at sufficient grounds to proceed against the accused, when said accused resides beyond the territorial jurisdiction of the court.

Times of India