TaxTMI 
TaxTMI 
Dishonor of Cheques- A study of the interrelation between the provisions of Code of Criminal Procedure, 1973 and Negotiable Instruments Act, 1881.
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....edure, 1973 and Negotiable Instruments Act, 1881. Dishonor of two cheques - dispute remained pending for past 16 years - humongous pendency of complaints under Section 138 of the Negotiable Instruments Act, 1881 - service of summons - Statutory amendment to Section 219 of the Code of Criminal Procedure, 1973 - Summary trials - Attachment of bank accounts - Applicability of Section 202 of the Code....
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.... on these aspects. Mechanical conversion of Summary Trial to Summons Trial. The object of Section 143 of the Negotiable Instruments Act is quick disposal of the complaints under Section 138 by following the procedure prescribed for summary trial under the Code, to the extent possible. A discretion is conferred on the Magistrate by the second proviso to Section 143, to be exercised with due car....
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.... Procedure,1973 for examining on oath though it is a time consuming process. Sections 219 and 220 of the Code of Criminal Procedure, 1973. The High Courts are requested to issue practice directions to the Trial Courts to treat service of summons in one complaint forming part of a transaction, as deemed service in respect of all the complaints filed before the same court relating to dishonour of ....