Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Court Upholds Summary Trial for Cheque Dishonor; Dismisses Petition to Convert to Summons Case, Citing Insufficient Grounds.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Dishonour of cheque - no order for conversion into summons triable matter - application of Section 145(2) of Negotiable Instruments Act, 1881 - violation of natural justice - insufficient time granted, recall application rejected. Proceedings u/s 138 conducted as summary procedure unless Magistrate concludes need for conversion. Complainant's affidavit evidence with bank slip and dishonour material suffices, unnecessary to record further preliminary evidence. Affidavit treated as examination-in-chief, examinable u/s 264 CrPC. Summary procedure mandates judgment on not guilty plea unless Section 145(2) recall application filed. Supreme Court directions on expeditious trial, deeming service of one complaint as service for related cheque disho.........