TaxTMI 
TaxTMI 
2022 (4) TMI 1559
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....referred to as 'Cr.P.C.') has been referred by the Mr. Gaurav Sharma, learned Metropolitan Magistrate, Negotiable Instruments Act-03, Central District, Tis Hazari Courts, Delhi. Shorn of all unnecessary details, the present reference raises the following questions for consideration by this Court:- "1. "To be or not to Be" The proverbial Hamletian delimma, if were to be defined in terminology with respect to Section 138 of the Negotiable Instruments Act cases, if would read as thus: "To discharge an accused or not to discharge an Accused". 2. The court of the referring Magistrate was seized of the complaint CC No. 519899/16 u/s 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ....
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....Under Section 138 of N.I. Act, 1881, reported as 2021 SCC Online SC 325, and in particular paragraphs 18-24, which enunciates as follows:- "18. It was contended by learned Amici Curiae that a holistic reading of Sections 251 and 258 of the Code, along with Section 143 of the Act, should be considered to confer a power of review or recall of the issuance of process by the Trial Court in relation to complaints filed under Section 138 of the Act. He referred to a judgment of this Court in Meters and Instruments Private Limited and Another v. Kanchan Mehta which reads as follows: "While it is true that in Subramanium Sethuraman v. State of Maharashtra this Court observed that once the plea of the accused is recorded under Sect....
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.... may be", the principle of the said provision is applicable to a complaint case covered by Section 143 of the Act which contemplates applicability of summary trial provisions, as far as possible i.e. with such deviation as may be necessary for speedy trial in the context." 19. In Meters and Instruments (supra), this Court was of the opinion that Section 143 of the Act confers implied power on the Magistrate to discharge the accused, if the complainant is compensated to the satisfaction of the court. On that analogy, it was held that apart from compounding by the consent of the parties, the Trial Court has the jurisdiction to pass appropriate orders under Section 143 in exercise of its inherent power. Reliance was placed by this Cou....
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....w, not to change it to meet the Judge's idea of what justice requires. The court cannot add words to a statute or read words into it which are not there. 21. A close scrutiny of the judgments of this Court in Adalat Prasad (supra) and Subramanium Sethuraman (supra) would show that they do not warrant any reconsideration. The Trial Court cannot be conferred with inherent power either to review or recall the order of issuance of process. As held above, this Court, in its anxiety to cut down delays in the disposal of complaints under Section 138, has applied Section 258 to hold that the Trial Court has the power to discharge the accused even for reasons other than payment of compensation. However, amendment to the Act empowering t....
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....4. The upshot of the above discussion leads us to the following conclusions: 1) The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons trial. 2) Inquiry shall be conducted on receipt of complaints under Section 138 of the Act to arrive at sufficient grounds to proceed against the accused, when such accused resides beyond the territorial jurisdiction of the court. 3) For the conduct of inquiry under Section 202 of the Code, evidence of witnesses on behalf of the complainant shall be permitted to be taken on affidavit. In suitable cases, the Magistrate can restrict the inquiry to ....
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....y the Committee constituted by an order of this Court dated 10.03.2021. 8) All other points, which have been raised by the Amici Curiae in their preliminary report and written submissions and not considered herein, shall be the subject matter of deliberation by the aforementioned Committee. Any other issue relating to expeditious disposal of complaints under Section 138 of the Act shall also be considered by the Committee." A plain reading of the paragraphs extracted hereinabove leaves no manner of doubt that in terms of the judgment of the Hon'ble Supreme Court in Adalat Prasad v. Rooplal Jindal and Others, (2004) 7 SCC 338 and Subramanium Sethuraman v. State of Maharashtra and Another, (2004) 13 SCC 324, the Trial Court cannot....