jaivish 19 September 2017

Negotible instrument act 138 query

I have query .

Negotible instrument Act , Section 138 case is going on in District Court against 3 person.

We have received stay on 1 person from Highcourt and the next date is after 4 month.

So can the case will be proceed in District Court against 2 person or the district court should wait apto final judgement of Highcourt.

Is there any provision in Negotibale Instrument Act or any judjement on my above question. i.e. if stay is on one person then can the case will be proceed against 2 person in lower court and if yes then what will be its effect on Highcourt Proceeding.

Please reply with narration of provision or any judgement.

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8 Replies

Siddharth Srivastava (Advocate) 19 September 2017

It depend upon the case. What is case in high court? Has the high court proceeding relating to same case or some other proceeding? If high court has passed order in relation to same case and dispute involved in the case pending in court u/s.138 NI Act then the order of high court will apply on case before trial court and trial court shall wait for out come of high court case.

R Trivedi (advocate.dma@gmail.com) 19 September 2017

If 3 people are involved then principal accused appeared to be a company or partnership firm. Under the circumstances one of the directors/partners can rush to HC claiming his non involvement. In all likelyhood the trial court will wait for HC decision.

jaivish 20 September 2017

The High Cout proceeding is for same case..

At present stage the high court has passed only ad-interim relief order to one of the partner...

Situation is that , the judge from tral court says why shoild i not proceed against other two person...Please tell me relavant povision of Negotiable Intrument Act or any relevant judgement...

Plz guide me

jaivish 21 September 2017

ANY ONE HAS IDEA ??

R Trivedi (advocate.dma@gmail.com) 21 September 2017

As stated earlier in general there is no bar to continue with the criminal trial. If the trial magistrate decides to go ahead then submit to him that under S.143 of NI Act, this is a summary trial and hence there is no provision to continue with the trial when the Hon HC has stayed for one accused. But summary trial is only in statute none follows it.

jaivish 22 September 2017

i read it..but no details about stay...

Can you highlight that point in the section 143 @ R. Trivedi Sir

R Trivedi (advocate.dma@gmail.com) 22 September 2017

The S.143 mandates that the trial should be summary, which is a very simplified version of normal summons trial. In this case the accused has the absolute right to cross examine the complainant, so if one accused is stayed by court order, then continuation of case with complainant cross examine may disclose the almost common defence thus causing prejudice. As I said an attempt can be made like this.