Case Note & Summary
The petitioner, Mahendra Kumar, filed a petition under Section 482 CrPC challenging an order dated 27.01.2018 passed by the LXVI Additional City Civil and Sessions Judge, Bengaluru, in Crl.R.P.No.674/2017. The Sessions Judge had set aside the order of the 12th Additional ACMM, Bengaluru, dated 31.05.2017 in C.C.No.32891/14, which had been passed under Section 259 CrPC, and directed the Magistrate to convert the case into a warrant case. The proceedings were under Section 138 of the Negotiable Instruments Act, 1881. The High Court observed that Section 259 CrPC is not strictly applicable to NI Act proceedings, but Section 143 of the NI Act empowers the Magistrate to try the offence as a warrant case if a case is made out. The Court held that the Sessions Judge's order directing conversion under Section 259 CrPC was not sustainable. The High Court allowed the petition and quashed the Sessions Judge's order, restoring the Magistrate's order.
Headnote
A) Criminal Procedure Code - Section 259 CrPC - Applicability to NI Act - Section 259 CrPC is not strictly applicable to proceedings under Section 138 of the Negotiable Instruments Act, 1881 - The Magistrate has power under Section 143 of the NI Act to try the offence as a warrant case if a case is made out, without formal conversion - Held that the Sessions Judge erred in directing conversion under Section 259 CrPC (Paras 2-3).
Issue of Consideration
Whether the Sessions Judge was justified in setting aside the Magistrate's order under Section 259 CrPC and directing conversion of a summary trial under Section 138 of the Negotiable Instruments Act into a warrant case
Final Decision
Petition allowed. Order dated 27.01.2018 passed by LXVI Additional City Civil and Sessions Judge, Bengaluru in Crl.R.P.No.674/2017 is quashed. The order of the Magistrate dated 31.05.2017 in C.C.No.32891/14 is restored.
Law Points
- Section 143 of Negotiable Instruments Act
- 1881 empowers Magistrate to try Section 138 offence as warrant case without formal conversion
- Section 259 CrPC not strictly applicable to NI Act proceedings
Case Details
2018 LawText (KAR) (06) 7
Criminal Petition No. 928/2018
Sri. Lokesha.G for Sri. Pulakeshi.A.P. (for petitioner), Sri. Vishnumurthy (for respondent)
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of Sessions Judge's order directing conversion of summary trial to warrant case in a complaint under Section 138 of Negotiable Instruments Act
Remedy Sought
Petitioner sought quashing of order dated 27.01.2018 passed by LXVI Additional City Civil and Sessions Judge, Bengaluru in Crl.R.P.No.674/2017
Filing Reason
Sessions Judge set aside Magistrate's order under Section 259 CrPC and directed conversion of case into warrant case
Previous Decisions
Magistrate passed order under Section 259 CrPC on 31.05.2017 in C.C.No.32891/14; Sessions Judge set aside that order on 27.01.2018 in Crl.R.P.No.674/2017
Issues
Whether Section 259 CrPC is applicable to proceedings under Section 138 of Negotiable Instruments Act
Whether the Sessions Judge was justified in directing conversion of summary trial to warrant case
Submissions/Arguments
Petitioner argued that Section 259 CrPC is not strictly applicable and Section 143 NI Act empowers Magistrate to try as warrant case without formal conversion
Ratio Decidendi
Section 259 CrPC is not strictly applicable to proceedings under Section 138 of the Negotiable Instruments Act; Section 143 of the Act empowers the Magistrate to try the offence as a warrant case if a case is made out, without the need for formal conversion under Section 259 CrPC.
Judgment Excerpts
Section 259 of Cr.P.C. is not strictly applicable but Section 143 of the Act empowers the Magistrate even to try the offence under Section 138 of the Act as if a warrant case, if any case is made out under Section 143 of the Act.
Procedural History
Complaint filed under Section 138 NI Act in C.C.No.32891/14 before 12th Addl. ACMM, Bengaluru. Magistrate passed order under Section 259 CrPC on 31.05.2017. Respondent filed revision before Sessions Judge, who set aside Magistrate's order on 27.01.2018 in Crl.R.P.No.674/2017 and directed conversion to warrant case. Petitioner filed Criminal Petition No.928/2018 under Section 482 CrPC before High Court.
Acts & Sections
- Negotiable Instruments Act, 1881: 138, 143
- Code of Criminal Procedure, 1973: 259, 482
