The Delhi High Court has issued practice directions for expeditious trial of cases under Section 138 of Negotiable Instrument Act 1881 (NI Act). .The directions were issued pursuant to the Supreme Court order passed on April 16, 2021 in the case of “In Re: Expeditious Trial of Cases under Section 138 of Negotiable Instrument Act 1881”..The order attested by Registrar General, Manoj Jain also read that these guidelines shall come into force with immediate effect..Cannot place heavy burden on complainant in cases of S 138 of Negotiable Instruments Act, SC.The Supreme Court had on April 16 ruled that Section 258 of the Code of Criminal Procedure (CrPC), which grants magistrates the power to stop proceedings in cases, will not apply to cheque bouncing cases under Section 138 of the Negotiable Instruments Act, 1881.The apex court had also issued a slew of directions including directions to High Court to issue practice guidelines to the trial courts to treat service of summons in one complaint under Section 138 forming part of a transaction, as deemed service in respect of all the complaints filed before the same court relating to dishonour of cheques issued as part of the said transaction.
The Delhi High Court has issued practice directions for expeditious trial of cases under Section 138 of Negotiable Instrument Act 1881 (NI Act). .The directions were issued pursuant to the Supreme Court order passed on April 16, 2021 in the case of “In Re: Expeditious Trial of Cases under Section 138 of Negotiable Instrument Act 1881”..The order attested by Registrar General, Manoj Jain also read that these guidelines shall come into force with immediate effect..Cannot place heavy burden on complainant in cases of S 138 of Negotiable Instruments Act, SC.The Supreme Court had on April 16 ruled that Section 258 of the Code of Criminal Procedure (CrPC), which grants magistrates the power to stop proceedings in cases, will not apply to cheque bouncing cases under Section 138 of the Negotiable Instruments Act, 1881.The apex court had also issued a slew of directions including directions to High Court to issue practice guidelines to the trial courts to treat service of summons in one complaint under Section 138 forming part of a transaction, as deemed service in respect of all the complaints filed before the same court relating to dishonour of cheques issued as part of the said transaction.
