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2016 (9) TMI 921 - DELHI HIGH COURT

2016 (9) TMI 921 - DELHI HIGH COURT - TMI - Summary 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 Sect .....

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o recorded be scrapped and de novo trial started after filing an application under Section 145(2) NI Act. - CRL.M.C. 1782/2011 & Crl.M.A. 6406/2011 - Dated:- 30-8-2016 - MS. MUKTA GUPTA J. Petitioner Represented by: Mr. Mohit Mathur, Sr. Adv. with Mr. Vishnu Sharma, Adv. MUKTA GUPTA, J. (ORAL) 1. The petitioner filed three complaint cases being CC Nos. 2206/2001, 2207/2001 and 2144/2001 against the respondent under Section 138 Negotiable Instruments Act ( NI Act .....

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aid down guidelines for summary trial procedure to be followed for quick disposal of complaints under Section 138 NI Act as under:- 17. The summary trial procedure to be followed for offences under Section 138 N.I. Act would thus be as under: Step I : On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, the concerned MM shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & d .....

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ication under Section 145(2) of N.I. Act for recalling a witness of complainant, the court shall decide the same, otherwise, it shall proceed to take defence evidence on record and allow cross examination of defence witnesses by complainant. Step IV : To hear arguments of both sides. Step V : To pass order/judgment. 2. Based on the decision of this Court in Rajesh Agarwal(supra), learned counsel for the petitioner contended before the learned Trial Court that th .....

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ase of Rajesh Aggarwal Vs. State whereby procedure for summary trial is laid down by the Hon ble High Court of Delhi and has demanded that the complainant be recalled for cross-examination only after an application u/s 145(2) NI Act is moved disclosing the defence of the accused and the points on which the accused is desirous of cross-examining the complainant. Submissions taken on record. Arguments heard. The law as laid down in the above cited case does not mention or dir .....

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