Technical defects should not hinder the provision of substantial justice, observed the Supreme Court recently while restoring a cheque bounce case that had effectively been closed on account of one such technical ground
While considering a plea seeking transfer of a criminal trial, the Supreme Court recently reiterated the conditions pre-requisite for a transfer.A bench of Justices Surya Kant and JK Maheshwari opined.
The Supreme Court held that its power to transfer criminal cases under Section 406, CrPC remains intact in relation to cheque dishonour cases under Section 138 of the Negotiable Instruments Act.