Latest Guidelines of Supreme court on Dishonour of cheque
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 :-
DIRECTIONS:
(1)
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 in
order, take cognizance and direct issuance of
summons.
(2)
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.
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 un-served, immediate
follow up action be taken.
(3)
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
such an application is made, Court may pass
appropriate orders at the earliest.
(4)
Court should direct the accused, when he
appears to furnish a bail bond, to ensure his
appearance during trial and ask him to take notice
under Section 251Cr.P.C. to enable him to enter
his plea of defence and fix the case for defence
evidence, unless an application is made by the
accused under Section 145(2) for re-calling a
witness for cross-examination.
(5)
The
Court
concerned
must
ensure
that
examination-in-chief, cross-examination and re-
examination
of
the
complainant
must
be
conducted within three months of assigning the
case.
The Court has option of accepting affidavits
of the witnesses, instead of examining them in
Court.
Witnesses to the complaint and accused
must be available for cross-examination as and
when there is direction to this effect by the Court.
22. We, therefore, direct all the Criminal Courts in the
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.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.18 OF 2013
Indian Bank Association and others
... Petitioners
Versus
Union of India and others
... Respondents
JUDGMENT
K.S. Radhakrishnan, J.
Dated;April 21, 2014.
