In which case did the Supreme Court of India direct that Magistrates record reasons before converting a…
In its 16 April 2021 order in In re: Expeditious Trial of Cases under Section 138 of N.I. Act 1881, 2021 SCC OnLine SC 325, the Constitution Bench requested that High Courts…
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In which case did the Supreme Court of India direct that Magistrates record reasons before converting a summary trial for an offence under section 138 of the Negotiable Instruments Act, 1881, into a summons trial under the second proviso to section 143(1)?
Answer and explanation
Correct answer B
In its 16 April 2021 order in In re: Expeditious Trial of Cases under Section 138 of N.I. Act 1881, 2021 SCC OnLine SC 325, the Constitution Bench requested that High Courts issue practice directions requiring Magistrates to record reasons before converting a summary trial under section 138 into a summons trial. The second proviso to section 143(1) governs the conversion.
Option feedback
Option A
Vijay Dhanuka concerns the inquiry required by section 202(1) of the Code of Criminal Procedure, 1973, when an accused resides outside the Magistrate’s jurisdiction.
Option B
The Constitution Bench in In re: Expeditious Trial of Cases under Section 138 of N.I. Act 1881 required reasons for converting a summary trial to a summons trial.
Option C
K.S. Joseph remitted the complaint for reconsideration of delay and left open whether a section 202 inquiry was required in that type of cheque dishonour complaint.
Option D
Dashrath Rupsingh Rathod dealt with territorial jurisdiction for cheque dishonour complaints. The 2015 amendment subsequently inserted section 142(2).
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