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Define categories under Section 138 NI Act where proceedings can be conducted ‘online’; SC tells HCs

Supreme Court: In the case where the question as to how proceedings for an offence under Section 138 of the Negotiable Instruments Act, 1881 can be regulated where the accused is willing to deposit the cheque amount, the bench of AK Goel and UU Lalit, JJ held that Section 143 of the Act confers implied power on the Magistrate to discharge the accused if the complainant is compensated to the satisfaction of the Court, where the accused tenders the cheque amount with interest and reasonable cost of litigation as assessed by the Court. The Court said:

“Basic object of the law is to enhance credibility of the cheque transactions by providing speedy remedy to the complainant without intending to punish the drawer of the cheque whose conduct is reasonable or where compensation to the complainant meets the ends of justice.”

The Court, further, laid down the below mentioned guidelines to be taken note of while dealing with cases under S. 138 of the Act:

Emphasising upon the need to conduct proceedings online, the Court said:

“There appears to be need to consider categories of cases which can be partly or entirely concluded “online” without physical presence of the parties by simplifying procedures where seriously disputed questions are not required to be adjudicated. Traffic challans may perhaps be one such category. Atleast some number of Section 138 cases can be decided online.”

The Court, hence, added that it will be open to the High Courts to consider and lay down category of cases where proceedings or part thereof can be conducted online by designated courts or otherwise. The High Courts may also consider issuing any further updated directions for dealing with Section 138 cases. [Meters and Instruments Private Ltd. v. Kanchan Mehta, 2017 SCC OnLine SC 1197, decided on 05.10.2017]

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