Court : Supreme Court of India Brief : Citation : WRIT PETITION (CRL.) NO.2 OF 2020 Case title: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881. Date of Order: April 16th, 2021 Bench: (Then) Chief Justice of India – S A Bobde Justice L Nageshwar Rao Justice B R Gavai
JUDGEMENT ANALYSIS In Meters and Instruments, the Court ruled that Section 143 of the Act grants the Magistrate implied power to discharge the accused if the complainant is compensated to court satisfaction. The Trial Court also has jurisdiction to pass appropriate orders under Section 143, relying on Section 258 of the Code to empower Trial Courts. The Court’s judgments in Adalat Prasad and Subramanium Sethuraman do not warrant reconsideration, as the Trial Court cannot review or recall process orders. The Court applied Section 258 to reduce complaints disposal delays, but an amendment to empower the Trial Court to reconsider summons could be considered. High Courts are requested to identify pending revisions from Section 138 complaints and refer them to mediation, and to resolve disputes before appeals against judgments.
CONCLUSION The court finally concluded that- Section 138 of the Act mandates inquiry upon receiving complaints to determine the grounds for proceeding against the accused residing outside the court’s territorial jurisdiction. Allowing amending the Act to allow for one trial for multiple offences committed within 12 months, despite the restriction in Section 219 of the Code, and to allow evidence of witnesses on behalf of the complainant. Section 258 of the Code doesn’t apply to complaints under Section 138 of the Act, and the Committee will consider an amendment allowing Trial Courts to reconsider/recall summons.