Delhi High Court Issues Practice Directions To Magistrates Pursuant To Supreme Court Order On Cheque Bouncing Cases
The Delhi High Court has issued practice directions to Magistrates and Trial Courts having jurisdiction to try offences under the Negotiable Instruments Act pursuant to the directions issued by the Supreme Court (In Re Expeditious Trial Of Cases Under Section 138 of N.I Act) regarding the trial of Cheque bouncing cases. The practice directions dated 21st June 2021 that came into force with immediate effect stated that the Magistrates having jurisdiction to try offences under the Negotiable Instruments Act, 1881 “shall record cogent and sufficient reasons” before converting a complaint under sec. 138 of the N.I. Act from summary trial to summons trial in exercise of power under the second proviso of sec. 143 of N.I. Act. “Due care and caution shall be exercised in this regard and the conversion of summary trial to summons trial shall not be in a mechanical manner.” It said.