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Supreme Court of India

In Re: Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 v..

Neutral citation
Reported as [2021] 4 S.C.R. 257
Bench S. A. Bobde, L. Nageswara Rao, B. R. Gavai, A. S. Bopanna and S. Ravindra Bhat JJ.
Decided 16 April 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Section 202 (2) of the Code is inapplicable to complaints under Section 138 in respect of examination of witnesses on oath.

Judgment, page 10

From the headnote

Negotiable Instruments Act, 1881: s. 138 – Expeditious trial / disposal of cases u/s. 138 – Pendency of matters u/s. 138 at various levels, having adverse effect in disposal of other cr iminal cases – Imminent need for remedying the situation – Suo Motu Writ P etition – Issuance of notice to Union of India, Registrar Ge nerals of the High Courts, Director Generals of Police of the State s and Union Territories, Member Secretary of the National Legal Services Authority, Reserve Bank of India and Indian Banks’ Asso ciation – Submission of preliminary report by amici curiae, based on the

Authorities it was built on

Where later benches applied it

Of those, 3 referred to

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