Monday, January 20, 2020



Summary Trail 

  • Section 143 gave to the court the power to try cases summarily; 
  • Section 144 provided for the mode of service of summons; 
  • Section 146 provided that the bank's slip would be prima facie evidence of certain facts. 
  • Section 147 made the offences under the Act compoundable.

Under Section. 138 of N.I.Act 

Accused found NOT guilty                                                 Accused found guilty 
Acquittal U/sec. 255(1) Cr.P.C.                                conviction U/sec. 255(2) Cr.P.C.


Sentence
The sentence prescribed under Section 138 is up to two years or with fine which may extend to twice the amount or with both. What needs to be noted is the fact that power under Section 357(3) CrPC to direct payment of compensation is in addition to the said prescribed sentence, if sentence of fine is not imposed. The direction to pay compensation can be enforced by default sentence under Section 64 IPC  and by recovery procedure prescribed under Section 431 CrPCMeters and Instruments (P) Ltd. v. Kanchan Mehta(2018) 1 SCC 560.

 Compounding of offence 
Section 147 makes offence punishable under the provisions of NI Act compoundable.
If the original complainant comes to the Court and says that he is withdrawing himself from prosecution on account of compromise and he has compounded the matter, then the conviction and sentence have to be set aside. 
No formal permission to compound the offence is required, 
Rameshbhai Sombhai Patel v. Dineshbhai Achalanand Rathi2004 SCC OnLine Guj 469.

Though compounding requires consent of both parties, even in absence of such consent, the court, in the interests of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused, 
Meters and Instruments (P) Ltd. v. Kanchan Mehta(2018) 1 SCC 560.


Quashing of complaint by the High Court under S. 482 CrPC 
[inherent powers] 
If an accused wants the process under Sections 138 and 141 to be quashed by filing a petition under Section 482 CrPC , he must make out a case that making him stand the trial would be an abuse of process of court, Gunmala Sales (P) Ltd. v. Anu Mehta(2015) 1 SCC 103.

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