Supreme Court of India

Indian Bank Association v Union of India

Writ Petition (Civil) No. 18 of 201320141 min read
The case in brief30-second read
Facts
The Indian Bank Association and others filed a writ petition under Article 32 seeking directions to all courts trying complaints under S.138 NI Act to follow S.143 of that Act read with S.261 to S.265 CrPC (summary trial), as no uniform practice was being followed.
Issue
What procedure courts should follow to dispose of S.138 complaints speedily through summary trial.
Held
The Court noted S.143 to S.147 NI Act (inserted in 2002) and Damodar S. Prabhu, approved procedures from several High Courts, and directed all criminal courts to follow them: scrutiny and cognizance on the day of filing; summons by post and e-mail; indicating compounding at the first hearing; taking the plea and fixing the case for defence evidence; completing the complainant's examination within three months, with evidence on affidavit; and producing witnesses for cross-examination when directed. The writ petition was disposed of.
Principle
Courts trying S.138 NI Act complaints must follow practical directions for summary trial and speedy disposal
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Facts

  • The Indian Bank Association and others filed a writ petition under Article 32 seeking directions to all courts trying complaints under S.138 NI Act to follow S.143 of that Act read with S.261 to S.265 CrPC (summary trial), as no uniform practice was being followed.

Issue

  1. What procedure courts should follow to dispose of S.138 complaints speedily through summary trial.

Held

  • The Court noted S.143 to S.147 NI Act (inserted in 2002) and Damodar S. Prabhu, approved procedures from several High Courts, and directed all criminal courts to follow them: scrutiny and cognizance on the day of filing; summons by post and e-mail; indicating compounding at the first hearing; taking the plea and fixing the case for defence evidence; completing the complainant's examination within three months, with evidence on affidavit; and producing witnesses for cross-examination when directed. The writ petition was disposed of.

Ratio decidendi

S.138 cases are to be tried summarily with streamlined procedure.

Exam use

How to use it in an answer

Cite with Kanchan Mehta on summary trial of cheque cases. The SCC citation was not confirmed and is omitted.

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Citation

Indian Bank Association v Union of India Writ Petition (Civil) No. 18 of 2013

Reported: https://indiankanoon.org/doc/159321839/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.