9911796707
TMI BlogDishonor of Cheques- A study of the interrelation between the provisions of Code of Criminal Procedure, 1973 and Negotiable Instruments Act, 1881.X X X X Extracts X X X X X X X X Extracts X X X X ..... of Criminal Procedure, 1973 and Negotiable Instruments Act, 1881 . Dishonor of two cheques - dispute remained pending for past 16 years - humongous pendency of complaints under Section 138 of the Negotiable Instruments Act, 1881 - service of summons - Statutory amendment to Section 219 of the Code of Criminal Procedure, 1973 - Summary trials - Attachment of bank accounts - Applicability o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o submit their responses to the suggestions on these aspects. Mechanical conversion of Summary Trial to Summons Trial. The object of Section 143 of the Negotiable Instruments Act is quick disposal of the complaints under Section 138 by following the procedure prescribed for summary trial under the Code, to the extent possible. A discretion is conferred on the Magistrate by the seco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iency of grounds for proceeding under section 202 of the Code of Criminal Procedure,1973 for examining on oath though it is a time consuming process. Sections 219 and 220 of the Code of Criminal Procedure, 1973. The High Courts are requested to issue practice directions to the Trial Courts to treat service of summons in one complaint forming part of a transaction, as deemed service in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act from summary trial to summons trial. Inquiry shall be conducted on receipt of complaints under Section 138 of the Act to arrive at sufficient grounds to proceed against the accused, when such accused resides beyond the territorial jurisdiction of the court. The legislature has incorporated sufficient provisions to ensure the efficacious functioning of Negotiable Instruments Act,18 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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