Lawstreet Journal

Telangana High Court Issues Practice Direction Pursuant to the Directions Issued By the Supreme Court in Cheque Dishonouring Cases [Read Circular]

Lawstreet Journal 29 Jun 2021 11:52pm

Image courtesy: Lawstreet Journal Judiciary Telangana High Court Issues Practice Direction Pursuant to the Directions Issued By the Supreme Court in Cheque Dishonouring Cases [Read Circular]

The Telangana High Court, pursuant to the direction issued by a constitutional bench of the Supreme court to expediate the trial in Re Expeditious Trial of Cases under Section 138 of Negotiable Instrument Act in matter dealing with the cheque dishonour cases, has issued practice directions dated June 21st, 2021 enumerating that all the cases tried in the Magistrate Court under Section 138 of the Negotiable Instrument Act shall be registered as Summary Trial Cases- Negotiable Instrument.

Section 138 of The Negotiable Instrument Act, the provision under which summary trial is to be initiated, deals with the dishonoring of Cheques due to fund insufficiency and prescribes punishment in case of dishonoring of cheques drawn towards the payment of a debt or any other payment.

Furthermore, the practice directions state that the Magistrate Court need not insist for the personal presence of complainant for registration of the Complaint, and further observed that, 

The power of attorney holder may be allowed to file the complaint, appear and depose for the purpose of issue of process for the offence under Section 138 of the N.I.Act. An exception to the above is when the power of attorney holder of the complainant does not have a personal knowledge about the transaction, then he cannot be examined.”

In addition to the direction enlisting summary trial, the practice direction further included that:

1:  Jurisdiction of court for registration of cases under Section 138, Negotiable Instrument Act

In the cases where the place of residence of the accused… Continue Reading...


Tagged: Telangana High Court  
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