Quick Summary: A Hyderabad court reversed a decision to change cheque bounce cases from quick trials to full trials, insisting on following the correct legal steps.
Sri R Narender, a businessman, filed complaints against Sri Kayathi Srihari, a government official, under Section 138 of the Negotiable Instruments Act. This was because cheques given by Srihari bounced due to insufficient funds. Narender wanted the court to take action against Srihari, but things got complicated along the way.
In January 2024, the VII Judicial Magistrate of First Class in Hyderabad decided to change these cases from quick trials to detailed trials. This meant the cases would now take longer and involve more details. Narender wasn't happy with this change and wanted the cases to be handled quickly as they were initially.
"The person making the request asks that the orders be canceled and that the cases be returned to their original quick trial numbers."
Srihari, the accused, claimed that the cheques were related to a chit fund business and were misused. He also argued that he never received the required notice. He said he was not guilty and asked for a trial.
Justice N. Tukaramji found that the lower court changed the cases without giving proper reasons or following the necessary legal steps, as directed by the Supreme Court.
"Changing the quick cases into regular complaint cases undermines the assumption of responsibility under Section 139 of the NI Act."
The Supreme Court had previously emphasized the need for courts to provide clear reasons when changing the type of trials. This ensures fairness and transparency.
The court canceled the previous orders and returned the cases to their original quick trial status. Justice Tukaramji instructed the lower court to reconsider and follow the correct legal steps.
"The respected Magistrate, upon reviewing the materials on record, shall make a new and well-explained decision."
This case highlights the importance of following proper legal steps to ensure justice is served efficiently and fairly.
