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TMI Blog2024 (4) TMI 669X X X X Extracts X X X X X X X X Extracts X X X X ..... country dealing with Section 138 cases to follow the above-mentioned procedures for speedy and expeditious disposal of cases falling under Section 138 of the Negotiable Instruments Act. From the above mentioned judgements of Hon'ble Apex Court, it is clear that the Apex Court for expeditious disposal of cases under the Act, 1881 has issued several directions which the concerned court/Magistrate has to follow while deciding the cases under the Act, 1881. From the observations of the Apex Court as well as analysis of Sections 138 143 of the Act, 1881, it is expedient that all the proceedings under the Act, 1881 should be concluded expeditiously without going into unnecessary technicality. This Court directs the Chief Judicial Magistrate, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Jhamai Lal posted at P.S. Bakhira, District Sant Kabir Nagar. In paragraph nos. 4,5 and 6 of the affidavit it has been mentioned that the opposite party no. 2 has been arrested on 21.03.2024 and produced before the court below thereafter, he was also released on bail on 30.03.2024 by the Judicial Magistrate, Sant Kabir Nagar. 4. Contention of learned counsel for the applicant is that though this complaint under the Act, 1881 was filed in the year 2022, but the trial could not be concluded. It is further submitted that as per Section 143(2) of Act, 1881 the trial for the offence under the Act, 1881 should be conducted on day to day basis and it is further provided u/s 143(3) of the Act, 1881 that the trial should be concluded within six mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is accompanied by the affidavit, and the affidavit and the documents, if any, are found to be in order, take cognizance and direct issuance of summons. 23.2. The MM/JM should adopt a pragmatic and realistic approach while issuing summons. Summons must be properly addressed and sent by post as well as by e-mail address got from the complainant. The court, in appropriate cases, may take the assistance of the police or the nearby court to serve notice to the accused. For notice of appearance, a short date be fixed. If the summons is received back unserved, immediate follow-up action be taken. 23.3. The court may indicate in the summon that if the accused makes an application for compounding of offences at the first hearing of the case and, if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons trial. 2) 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. 3) For the conduct of inquiry under Section 202 of the Code, evidence of witnesses on behalf of the complainant shall be permitted to be taken on affidavit. In suitable cases, the Magistrate can restrict the inquiry to examination of documents without insisting for examination of witnesses. 4) We recommend that suitable amendments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minary report and written submissions and not considered herein, shall be the subject matter of deliberation by the aforementioned Committee. Any other issue relating to expeditious disposal of complaints under Section 138 of the Act shall also be considered by the Committee. 7. From the above mentioned judgements of Hon'ble Apex Court, it is clear that the Apex Court for expeditious disposal of cases under the Act, 1881 has issued several directions which the concerned court/Magistrate has to follow while deciding the cases under the Act, 1881. From the observations of the Apex Court as well as analysis of Sections 138 143 of the Act, 1881, it is expedient that all the proceedings under the Act, 1881 should be concluded expeditiously w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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