Revised SC guideline in Cheque Bounce Cases U/s. Section 138 (NI Act)

CA Sandeep Kanoi

Honourable Supreme Court (SC) has issued following guideline in the case of  Indian Bank Association v. Union of India :-

DIRECTIONS:

(1) Immediate cognizance- Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint under section 138 of the Act is presented, shall scrutinize the complaint and, if the complaint is accompanied by the affidavit, and the affidavit and the documents, if any, are found to be in order, take cognizance and direct issuance of summons.

(2) Notice via email also– MM/JM should adopt a pragmatic and realistic approach while issuing summons. Summons must be properly addressed and sent by post as well as by e-mail address got from the complainant. Court, in appropriate cases, may take the assistance of the police or the nearby Court to serve notice to the accused. For notice of appearance, a short date be fixed. If the summons is received back un-served, immediate follow up action be taken.

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