Dishonour of cheque - no order for conversion into summons triable matter - application of Section...

Dishonour of cheque - no order for conversion into summons triable matter - application of Section 145(2) of Negotiable Instruments Act, 1881 - violation of natural justice - insufficient time granted, recall application rejected. Proceedings u/s 138 conducted as summary procedure unless Magistrate concludes need for conversion. Complainant's affidavit evidence with bank slip and dishonour material suffices, unnecessary to record further preliminary evidence. Affidavit treated as examination-in-chief, examinable u/s 264 CrPC. Summary procedure mandates judgment on not guilty plea unless Section 145(2) recall application filed. Supreme Court directions on expeditious trial, deeming service of one complaint as service for related cheque disho..... .....

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