https://www.taxtmi.com/caselaws?id=401129 Section 143(1) of the Negotiable Instruments Act, 1881 creates a special procedure for Section 138 complaints and overrides the general procedure under the Code of Criminal Procedure, 1973. The second proviso allows the Magistrate, for recorded reasons, to depart from summary trial and proceed in the manner provided by the Code, but that discretion is confined to summons procedure because a Section 138 offence is not a warrant case. The Magistrate therefore cannot convert such a complaint into a warrant-triable case; the permissible shift is only from summary trial to summons trial. en-us Thu, 19 Nov 2020 00:00:00 +0530 Sat, 28 Nov 2020 09:34:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=401129 Section 143(1) of the Negotiable Instruments Act, 1881 creates a special procedure for Section 138 complaints and overrides the general procedure under the Code of Criminal Procedure, 1973. The second proviso allows the Magistrate, for recorded reasons, to depart from summary trial and proceed in the manner provided by the Code, but that discretion is confined to summons procedure because a Section 138 offence is not a warrant case. The Magistrate therefore cannot convert such a complaint into a warrant-triable case; the permissible shift is only from summary trial to summons trial. Case-Laws Indian Laws Thu, 19 Nov 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=401129