Lekha G –
The Delhi High Court issued practice directions to Magistrates and Trial Courts having jurisdiction to try offences under the Negotiable Instruments Act.
The directions were issued pursuant to the Supreme Court order regarding the trial of cheque bouncing cases.
According to the directions, the Magistrates having jurisdiction to try offences under Negotiable Instruments Act, 1881 “Shall record cogent and sufficient reasons” before converting a complaint under Section 138 of the Act from summary trial to summons trial in the exercise of power under the second proviso of Section 143 of the Act.
Furthermore, any complaint under Section 138 of the Act, where it is found that the accused is a resident of an area beyond the territorial jurisdiction of the Magistrate concerned, an enquiry has to be conducted by the Magistrate “To arrive at sufficient grounds to proceed against the accused as prescribed under Section 202 CrPC.”
It said, “While conducting any such inquiry under Section 202 CrPC, the evidence of witnesses on behalf of the complainant shall be permitted to be taken on affidavit. In suitable cases, the Magistrate may restrict the inquiry to the examination of documents for satisfaction as to the sufficiency of grounds for proceeding under the said provision.”
Further, directions regarding treating service of summons in one complaint under Section 138 of the Act and the Appellate Courts to resort to mediation to settle the disputes were also issued.