NIA 143 — Power of Court to try cases summarily

Negotiable Instruments Act, 1881

Statutory text

[143.  Power  of  Court  to  try  cases  summarily.—(1) Notwithstanding anything  contained  in  the
Code of Criminal Procedure, 1973 (2 of 1974) all offences under this Chapter shall be tried by a Judicial
Magistrate  of  the  first  class  or  by  a  Metropolitan  Magistrate  and  the  provisions  of  sections  262  to  265
(both inclusive) of the said Code shall, as far as may be, apply to such trials:

Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for
the  Magistrate  to pass  a  sentence  of imprisonment  for  a  term  not  exceeding  one  year  and  an  amount  of
fine exceeding five thousand rupees:
Provided further that when at the commencement of, or in the  course  of, a summary trial under this
section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for
a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the
case summarily,  the  Magistrate  shall  after  hearing  the  parties,  record  an  order  to  that  effect  and
thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.
(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of
justice,  be  continued from day to day until its conclusion, unless the  Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing.
(3)   Every  trial  under this  section  shall  be  conducted  as  expeditiously  as  possible  and  an  endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.

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