Supreme Court of India

In Re Expeditious Trial of Cases under Section 138 of NI Act, 1881

Suo Motu Writ Petition (Crl.) No. 2 of 2020, decided 16 April 202120211 min read
The case in brief30-second read
Facts
The Supreme Court registered a suo motu writ petition on the large pendency of cheque dishonour cases in trial courts across the country.
Issue
What directions are needed to ensure expeditious trial of cases under S.138 NI Act, including on the conversion of summary trials.
Held
Magistrates must record cogent and sufficient reasons before converting a summary trial under S.143 NI Act into a summons trial; mechanical conversion defeats the purpose of the provision. The High Courts were requested to issue practice directions to this effect. Other directions concerned service of summons, evidence on affidavit and the trial of connected complaints.
Principle
A summary trial under S.143 NI Act may be converted to a summons trial only for recorded reasons.
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Facts

  • The Supreme Court registered a suo motu writ petition on the large pendency of cheque dishonour cases in trial courts across the country.

Issue

  1. What directions are needed to ensure expeditious trial of cases under S.138 NI Act, including on the conversion of summary trials.

Held

  • Magistrates must record cogent and sufficient reasons before converting a summary trial under S.143 NI Act into a summons trial; mechanical conversion defeats the purpose of the provision. The High Courts were requested to issue practice directions to this effect. Other directions concerned service of summons, evidence on affidavit and the trial of connected complaints.

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Citation

In Re Expeditious Trial of Cases under Section 138 of NI Act, 1881 Suo Motu Writ Petition (Crl.) No. 2 of 2020, decided 16 April 2021

Reported: Supreme Court of India judgment, Suo Motu Writ Petition (Crl.) No. 2 of 2020 (api.sci.gov.in). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.