Nitin Kotian (Advocate) 06 December 2011

Final decision in 138 case(n i act)

Hi Sir/Madam,

I happened to read a newsarticle yesterday stating that in a 138 Case( N I Act 1881) if Evidence is filed before a certain magistrate then the same magistrate has to give the final decision in that particular case. I have never heard or seen this before. This article was published in yesterdays edition of Marathi Daily Sandhyanand published from Pune. In that particular case a person X was convicted for an offence of 138. He appealed in the sessions court and high court but his appeal was rejected. Finally he went to Supreme Court whereby the SC was pleased to inform that the matter be adjudicated by the same magistrate of MM Court in whose presence the evidence was filed. No details of any case law was given

If its true pls let me know the case law.

Regards,

Nitin P Kotian

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2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 06 December 2011

yes it is true and it is basic law of CRPC for summons trial.

R Trivedi (advocate.dma@gmail.com) 19 January 2012

In case of summary trials the same judge has to give the verdict. Cheque bounce cases are supposed to be summary trial cases and the magistrate can convert the same into normal summon trial after making a note of it by giving reasons, but unfortunately all the cases are happening as summon trial which is not as per law. Delhi high court has remanded one such case back to trial court on these grounds and now to certain extent Delhi trial courts are following the proper procedure as per law.