SWAMINATHA PILLAI Vs. A. SENTHIL KUMAR

JUDGEMENT

(1.) THE petitioner has moved the learned Judicial Magistrate No.111, Trichy Cr.M.P.No.5538 of 2010 in C.C.No.4 of 2006 seeking that the case wherein the petitioner stands accused of offence under Section 138 of the Negotiable Instruments Act be proceeded with by following the summary trial procedure, as pro-j vided for under Section 143 of the Negotiable Instruments Act.

(2.) THE lower Court has held Section 143 of the Negotiable Instruments Act not to be mandatory, since the Section only informs that the procedure of Sections 262 to 265 of the Criminal Procedure Code is to apply to such trials "as fat! as may be". It has also found that the petitioner was trying to protract proceedsings as the said plea was not raised at an early stage. It found no irregularity in adopting the summons case procedure and dismissed the petition. It is against such order of dismissal that the present Criminal Revision petition has been filed.

(3.) TO appreciate the contentions made on behalf of the petitioner, it would be appropriate to reproduce Section 143 of the Negotiable Instruments Act: