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Supreme Court Of India

Hon'ble Judge(s): K. S. Radhakrishnan, Vikramajit Sen , JJ

Negotiable Instruments Act (26 of 1881) , S.138, S.143, S.145— Dishonour of cheque - Summary trial - Directions given to trial Court to follow procedures for speedy and expeditious disposal of cases falling under S. 138. Criminal P.C. (2 of 1974) , S.262, S.263, S.265— Section 143 empowers the Court to try cases for dishonour of cheques summarily in accordance with the provisions of Sections 262 to 265 of the Code of Criminal Procedure, 1973, S. 143 of the Act as amended by the Amendment Act, 2002 stipulating that notwithstanding anything contained in the Code of Criminal Procedure, all offences contained in Chapter XVII of the Negotiable Instruments Act dealing with dishonour of cheques for insufficiency of funds, etc. shall be tried by a Judicial Magistrate and the provisions of Sections 262 to 265, Cr.P.C. prescribing procedure for summary trials, shall apply to such trials and it shall be lawful for a Magistrate to pass sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding Rs. 5,000/- and it is further provided that in the course of a summary trial, if it appears to the Magistrate that the nature of the case requires passing of the sentence of imprisonment exceeding one year, the Magistrate, after hearing the parties, record an order to that effect and thereafter recall any witness and proceed to hear o....