Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (9) TMI 921 - HC - Indian LawsSummary trial procedure to be followed for offences under Section 138 N.I. Act - Held that:- A perusal of the decision in Rajesh Agarwal (2010 (7) TMI 279 - HIGH COURT OF DELHI) itself shows that this Court was of the view that the trial under Section 138 NI Act cannot be carried out like any other summons trial under IPC offences which frustrate the very purpose of summary disposal of these complaints. This Court held that thus in all cases under Section 138 NI Act once evidence is given by way of affidavit at the stage of pre-summoning, the same be read in evidence by the Court at post summoning stage as well and the witnesses need not be recalled unless Court of learned Metropolitan Magistrate for reasons, considers it necessary. The guidelines laid down by this Court in Rajesh Agarwal (supra) were obviously prospective in nature and did not lay directions that in all cases where witnesses were under cross-examination, the evidence so recorded be scrapped and de novo trial started after filing an application under Section 145(2) NI Act.
|