Section 138 of Negotiable Instruments Act, 1881 : Supreme Court's Important Clarification on Provision

Section 138 of Negotiable Instruments Act, 1881 : Supreme Court's Important Clarification on Provision

An important Judgment was passed by Hon'ble Supreme Court on 5 October 2017 in context of S.138 of Negotiable Instruments Act, 1881. 

It has emerged from Meters and Instruments Pvt Ltd v Kanchan Mehta [2017] GCtR 602 (SC) the following things : - 

(a) The trial of cases relating to Section 138 of the Act must be with nature of Summary Trial unless reasons call for Summons Trial, which is always exceptional. 

(b) The evidence of the complainant must be conducted within three months of assigning the case. 

(c) Endeavour must be made to conclude the trial within six months from the date of filing of the complaint.

(d) The Trial, as far as practicable, must be held on a day to day basis unless reasons exist to do otherwise.

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as 5 October 2017.

Written by 

Vishal

Delhi

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