Prospective application of summary-trial guidelines under the Negotiable Instruments Act leaves pending cross-examination orders intact.

Procedural guidelines for summary trials in complaints under Section 138 of the Negotiable Instruments Act apply prospectively and do not automatically require pending matters to be restarted unless the rule expressly says so. Where cross-examination of the complainant had already been directed in an ongoing case, later procedural directions could not be used to annul evidence already recorded or to compel a de novo trial merely because an application under Section 145(2) had not yet been filed. The earlier order allowing cross-examination therefore remained effective, and the request for retrospective disruption of the proceedings was rejected.

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Issues: Whether the summary-trial procedure laid down for complaints under Section 138 of the Negotiable Instruments Act applied retrospectively to pending cases so as to require a de novo trial and recall of complainant witnesses only after an application under Section 145(2) of the Negotiable Instruments Act.

Analysis: The complaint cases were already pending when the later procedural guidelines were issued. Those guidelines were intended to streamline the conduct of trials under Section 138 of the Negotiable Instruments Act and to avoid the ordinary summons-trial approach, but they did not direct that evidence already recorded in pending matters be annulled or that every pending case must restart afresh. The Court held that the later procedure could not be read as mandating retrospective disruption of proceedings in which cross-examination had already been directed. The earlier order permitting cross-examination of the complainant therefore remained valid.

Conclusion: The retrospective application plea failed, and the request to compel a de novo trial or defer cross-examination until an application under Section 145(2) was filed was rejected.

Final Conclusion: The petition was dismissed, and the pending trial was allowed to proceed in terms of the impugned order.

Ratio Decidendi: Procedural guidelines regulating summary trials under Section 138 of the Negotiable Instruments Act apply prospectively and do not automatically unsettle steps already taken in pending cases unless the rule expressly so provides.

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