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Section 138 NI Act -.
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A Constitution Bench of the Supreme Court has directed that Magistrates have to record reasons before converting trial of complaints under
Section 138 of Negotiable Instruments Act from summary trial to summons trial in exercise of power under the second proviso to Section 143 of the Act. The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons trial , a Constitution Bench headed by Chief Justice of India SA Bobde stated.
The court noted that such conversion from summary trial to summons trial is being done mechanically without reasons being recorded and the same is contributing to the delay in disposal of the cases.
The Supreme Court has recommended an amendment empowering Magistrate to recall summons in respect of complaints under Section 138 Negotiable Instrument Act.The Constitution Bench headed by CJI SA.