The Hon’ble
Supreme Court in Indian Bank Association and Ors. Vs. Union of India
(UOI) and Anr. [AIR2014SC2528 =
(2014)5SCC590] had issued direction
to all the Criminal Courts in the country dealing with Section 138 cases to follow the below-mentioned procedures
for speedy and expeditious disposal of cases falling Under Section 138 of the
Negotiable Instruments Act.
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 251 Code
of Criminal Procedure 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.
Prepared
by: S. Hemanth
Advocate at Hemanth
& Associates
