Section 143 of NIA : Section 143: Power Of Court To Try Cases Summarily

NIA

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Explanation using Example

Imagine a scenario where Mr. John has issued a cheque to Mr. Smith for an amount of Rs. 10,000 as a repayment of a loan. However, the cheque gets dishonored due to insufficient funds in Mr. John's account. Mr. Smith files a complaint against Mr. John under the Negotiable Instruments Act for cheque dishonor.

As per Section 143 of the Negotiable Instruments Act, Mr. Smith's case against Mr. John will be tried summarily by a Judicial Magistrate of the first class or by a Metropolitan Magistrate. This means the case will be dealt with quickly, without the need for a lengthy trial process, and the Magistrate has the power to pass a sentence of imprisonment for up to one year and a fine exceeding Rs. 5,000 if Mr. John is found guilty.

However, if during the trial, the Magistrate realizes that the offence might warrant a sentence longer than one year, or if the case is not suitable for a summary trial for any other reason, the Magistrate will proceed with a regular trial as per the Code of Criminal Procedure.

The court aims to conduct the trial continuously on a day-to-day basis and finish it within six months to ensure swift justice.

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