Delhi Delhi High Court passes direction to expedite 138 NI Act trial considering the Supreme Court of India Order?

In compliance of the order of Hon’ble Supreme Court of India passed in Suo Motu WP (Crl) 2/2020  the following directions are hereby issued by Hon’ble Delhi High Court for conducting the criminal cases under section 138 N I Act which have to be followed:-

1. The Magistrates having jurisdiction to try offences under the NI Act shall record cogent and sufficient reasons before converting a complaint under Section 138 of NI Act from summary trial to summons trial in exercise of power under the second provision of section 143 of NI Act. Due care and caution shall be exercised in this regard and the conversion of summary trial to summons trial shall not be mechanical manner.
2. On receipt of any such complaint under section 138 N I Act, wherever it is found that any accused is resident of the area beyond the territorial jurisdiction of the Magistrate concerned, an enquiry shall be conducted by the Magistrate to arrive at sufficient grounds to proceed against the accused as prescribed under section 202 Cr.P.C.
3. While conducting any such inquiry under Section 202 Cr.P.C, the evidence of witness on behalf of the complainant shall be permitted to be taken on affidavit. In suitable cases, the Magistrate may restrict the inquiry to examination of documents for satisfaction as to the sufficiency of grounds for proceeding under the said provision.
4. Trial Court shall treat service of summons in one complaint under Section 138 NI Act forming part of transaction, as deemed service in respect of all complaints filed before the same Court relating to dishonor of cheques issued as part of the same transaction.
5. Trial courts have no inherent power to review or recall the issue of summons in relation to complaint filed under Section 138 NI Act. However, the same shall not affect the power of the Trial Court under Section 322 of Cr.P.C to revisit the order of issue of process in case it is brought to the court’s notice that it lacks jurisdiction to try the complaint.
6. Section 258, of Cr.P.C has no applicability to complaints under Section 138 of NI Act. The words “as far as may be” in Section 143 are used only in respect of applicability of Sections 262 to 265 of the Code and the Summary procedure to be followed for trials under the said Code.
7. The Appellate Courts before which appeals against the judgments in complaint under section 138 NI Act are pending are directed to make an effort to settle the dispute through mediation.

All these practice directions shall come into force with immediate effect as per circular of Delhi High Court.