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TMI Blog2020 (2) TMI 470X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that the present petition relates to the proceeding under Section 138 of Negotiable Instruments Act. The trial court, on 03.05.2017, framed notice under Section 251 Cr.P.C. against the petitioner to which he pleaded not guilty and claimed trial and took the defence that the cheques in question were given as blank signed security cheques which were not returned despite repeated demands. 3. Learned counsel for the petitioner submitted that in the present case, the petitioner had appeared for the first time before the learned M.M. on 03.05.2017, when notice under Section 145(2) N.I. Act was framed against him and an opportunity to file application under Section 145(2) N.I. Act was granted. It was directed that the same be filed befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner has prayed that one opportunity be given to the petitioner to cross-examine the complainant's witness. On the other hand, learned counsel for the respondent has opposed the present petition. 8. Section 145(2) Negotiable Instruments Act, 1881 mandates that once an application by the accused is filed, the court is obliged to summon the person who has given evidence on affidavit in terms of Section 145(1) N.I. Act, 1881. 9. In Mandvi Cooperative Bank Limited Vs. Nimesh B. Thakore reported as (2010) 3 SCC 83, the Supreme Court held as under:- "30. Nevertheless, the submissions made on behalf of the parties must be taken note of and properly dealt with. Mr Ranjit Kumar, learned Senior Advocate, appearing for the appellant in app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated in the affidavit." 10. In Indian Bank Association and Ors. Vs. Union of India (UOI) and Ors. reported as (2014) 5 SCC 590, the Supreme Court held as under:-. "Directions 23. Many of the directions given by the various High Courts, in our view, are worthy of emulation by the Criminal Courts all over the country dealing with cases under Section 138 of the Negotiable Instruments Act, for which the following directions are being given: 23.1 The Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint under Section 138 of the Act is presented, shall scrutinize the complaint and, if the complaint is accompanied by the affidavit, and the affidavit and the documents, if any, are found to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is direction to this effect by the court. 24. We, therefore, direct all the criminal courts in the country dealing with Section 138 cases to follow the abovementioned procedures for speedy and expeditious disposal of cases falling under Section 138 of the Negotiable Instruments Act. The writ petition is, accordingly, disposed of, as above." 11. Looking into the mandate of Section 145(2) NI Act as encapsulated in Mandvi Cooperative Bank Limited (supra) and Indian Bank Association (supra) and the facts and circumstances of this case, I am of the view that the trial court ought to have allowed the petitioner's application filed under Section 145(2) N.I. Act. 12. Looking into the facts and circumstances of the case, the impugned order is se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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