Section 258CrPC Not Applicable To 138 Cases- Supreme Court Suggests Amendment To NI Act Empowering Magistrate To Recall Summons

first_imgTop StoriesSection 258CrPC Not Applicable To 138 Cases- Supreme Court Suggests Amendment To NI Act Empowering Magistrate To Recall Summons LIVELAW NEWS NETWORK16 April 2021 7:12 AMShare This – xThe Supreme Court has recommended an amendment empowering Magistrate to recall summons in respect of complaints under Section 138 Negotiable Instrument Act.The Constitution Bench headed by CJI SA Bobde observed that Section 258 of the Code of Criminal Procedure is not applicable to complaints under Section 138 of the Negotiable Instruments Act and the Magistrates are not empowered…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has recommended an amendment empowering Magistrate to recall summons in respect of complaints under Section 138 Negotiable Instrument Act.The Constitution Bench headed by CJI SA Bobde observed that Section 258 of the Code of Criminal Procedure is not applicable to complaints under Section 138 of the Negotiable Instruments Act and the Magistrates are not empowered to discharge the accused if the complainant is compensated to the satisfaction of the court.However, the bench observed that amendment to the NI Act empowering the Trial Court to reconsider/recall summons may be considered on the recommendation of the Committee constituted in this regard.Section 258 of the Code empowers the Magistrate to stop the proceedings at any stage for reasons to be recorded in writing and pronounce a judgment of acquittal in any summons case instituted otherwise than upon complaint. Since Section 258 CrPC is not applicable to a summons case instituted on a complaint, it cannot come into play in respect of the complaints filed under Section 138 NI Act, the court observed while holding that findings to the contrary in Meters and Instruments Private Limited and Another v. Kanchan Mehta do not lay down correct law.The Constitution Bench comprising CJI SA Bobde, Justices L Nageswara Rao, BR Gavai, AS Bopanna and S Ravindra Bhat reiterated the observations made in Adalat Prasad v. Rooplal Jindal 2004) 7 SCC 338 and Subramanium Sethuraman v. State of Maharashtra (2004) 13 SCC 324 that there is no inherent power of Trial Courts to review or recall the issue of summons. This does not affect the power of the Trial Court under Section 322 of the Code to revisit the order of issue of process in case it is brought to the court’s notice that it lacks jurisdiction to try the complaint, the bench observed.Section 258 CrPC : Power to stop proceedings in certain casesSection 258 reads as follows: In any summons- case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.Section 143 NI Act deals with the Power of Court to try cases summarily. It provides that the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such summary trials.In Meters and Instruments Private , the Supreme Court had observed that that Section 143 of the Act confers implied power on the Magistrate to discharge the accused, if the complainant is compensated to the satisfaction of the court. It was held that apart from compounding by the consent of the parties, the Trial Court has the jurisdiction to pass appropriate orders under Section 143 in exercise of its inherent power.  While holding that this is not a good law, the bench made following observations:Conferring power on the court by reading certain words into provisions is impermissible. “The judgment of this Court in Meters and Instruments (supra) in so far as it conferred  power on the Trial Court to discharge an accused is not good law. Support taken from the words “as far as may be” in Section 143 of the Act is inappropriate. The words “as far as may be” in Section 143 are used only in respect of applicability of Sections 262 to 265 of the Code and the summary procedure to be followed for trials under Chapter XVII. Conferring power on the court by reading certain words into provisions is impermissible. A judge must not rewrite a statute, neither to enlarge nor to contract it. Whatever temptations the statesmanship of policy-making might wisely suggest, construction must eschew interpolation and evisceration. He must not read in by way of creation.. The Judge’s duty is to interpret and apply the law, not to change it to meet the Judge’s idea of what justice requires. The court cannot add words to a statute or read words into it which are not there.”Trial Court cannot be conferred with inherent power either to review or recall the order of issuance of process. The Trial Court cannot be conferred with inherent power either to review or recall the order of issuance of process. As held above, this Court, in its anxiety to cut down delays in the disposal of complaints under Section 138, has applied Section 258 to hold that the Trial Court has the power to discharge the accused even for reasons other than payment of compensation. Case: In Re Expeditious Trial Of Cases Under Section 138 of N.I ActCoram : CJI SA Bobde, Justices L Nageswara Rao, BR Gavai, AS Bopanna and S Ravindra Bhat Counsel:Senior Advocates Sidharth Luthra, R Basant and Advocate K Parameshwar (Amici Curiae) Citation : LL 2021 SC 217Click here to Read/Download JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Dispute solutions delayed by third-party intervention

first_img Previous Article Next Article Comments are closed. The interference of third parties in industrial disputes – such as theGovernment’s recent role in trying to end the firefighters strike – can delay asuccessful resolution. This is the conclusion of a study funded by the Economic and Social ResearchCouncil, which examined the effect of the presence of those not directlyinvolved in the dispute, but who are able to provide additional resources tohelp reach an agreement. The research finds that the possibility that a third-party mediator mayintervene in negotiations creates the potential for delays, by increasing theexpectation that one side can be pressurised into conceding ground orresources. The report was published after Deputy Prime Minister John Prescottthreatened to enforce a pay settlement on the striking firefighters. Paola Manzini of Queen Mary, University of London, who led the study,stressed that third-party mediators can prove beneficial to dispute resolution,provided their role is limited. “On the other hand, so long as the amount of resources the mediator canmake available is sufficiently small, the bargainer’s incentive for a stalemateis reduced,” he said. The study, which was completed in conjunction with Clara Ponsati ofUniversitat Autonoma de Barcelona, highlights the incentive for governments todecentralise negotiations and become ‘active mediators’, rather thandirectly-involved negotiators. Privatisation, for instance, creates a three-party framework, withnegotiations between management and workers, with the Government in the role ofthe ‘active mediator’. The report suggests the Government should use legislation to limit itsinvolvement as much as possible – for instance, by introducing tougherrequirements for firms to consult with the workforce before taking decisionsthat may have a great impact on jobs. But, said Manzini: “Interestingly, the present UK Government seems tofavour these mandatory interventions less and less. The undesired effect, isthat governments progressively become more active players innegotiations.” By Ben Willmottwww.regard.ac.uk Dispute solutions delayed by third-party interventionOn 11 Feb 2003 in Personnel Today Related posts:No related photos.last_img read more

Saint Mary’s President spends night in dorm, bonds with residents

first_imgIn an effort to better understand the student experience, Saint Mary’s President Jan Cervelli gave dorm life the old college try, spending the night in a quad in Le Mans Hall on Thursday.“Since I began as President, I’ve wanted to experience daily life in a Saint Mary’s dorm from a firsthand perspective,” Cervelli said. “I received an invitation from juniors Abbie Spica, Sam Allen and Katie Long to join them for a slumber party. It was a great opportunity to see how our students live, learn and socialize in our residence halls and to personally experience if our dorms are meeting students’ needs and keeping them engaged.”Cervelli said her night included a section event with the residents of the second annex in Le Mans, during which she was able to meet and talk with residents in the hall while celebrating one student’s birthday. Cervelli said she also brought her guitar and performed a number of Joni Mitchell songs. Tags: cervelli, Le Mans Hall, residence halls, sleepover Photo courtesy of Kara Kelly Students pose with Saint Mary’s President Jan Cervelli in Le Mans Hall on Thursday night. Cervelli spent the night in a dorm room with three students to gain a better understanding of what residential life is like for students at the College.Spica, who lives in the room Cervelli slept in, said she enjoyed the experience.“It was so cool to see a social and human side of an administrator,” Spica said. “She genuinely showed that she wanted to connect with us and that she likes spending time with students.”Cervelli said her favorite part of the slumber party was interacting with students.“I really enjoyed the gathering of second annex residents, stopping by and checking out various rooms and chatting with students about a wide range of subjects,” she said. “Abbie, Sam and Katie were warm and welcoming and made sure my every need was met, including giving me the most comfortable bed in their room. I learned about their studies, their hopes and dreams for the future and how dedicated they are to helping make the world a better place. I feel a special bond with these wonderful women.”Cervelli said participating in the sleepover will help her better lead the College.“I better understand the quality and depth of our students’ connection with one another,” she said. “I saw that the physical structure and layout of the historic building does a good job of accommodating students’ needs but that we need to make continuous improvements to Le Mans and other residence halls to keep the quality high. I learned that students really like living on campus and are mostly satisfied with their living environment and that the camaraderie between residents living on campus far outweighs occasional slow WiFi.”The sleepover mostly consisted of talking about student life at Saint Mary’s, according to Spica.“I learned that President Cervelli is not only devoted to helping Saint Mary’s grow as a community, but I also learned that she cares about students on an individual basis,” Spica said. “She wants to know about personal lives of students, and I think that is unique because it makes us feel valued.”Cervelli said she has received other invitations for sleepovers and hopes to make it an annual event.last_img read more

LIAT meeting underway

first_img Share Share LifestyleTravel LIAT meeting underway by: – January 30, 2012 Tweet Sharing is caring!center_img 28 Views   no discussions Share Senator David Massiah of the Antigua and Barbuda Workers Union with workers.Prime Minister Freundel Stuart and his Vincentian and Antiguan counterparts Dr. Ralph Gonsalves and Baldwin Spencer are meeting behind closed doors at the Barbados Hilton discussing the future of regional airline LIAT.And while they expect to be joined at 1 pm by officials of the unions representing the airline’s workers, the head of the union delegation has indicated that meeting could be short-lived.Senator David Massiah of the Antigua and Barbuda Workers Union told NATIONNews this morning as the leaders met that his intention was to deliver a letter on the unions’ concerns about the path being charted for the employees of the Antigua-based carrier.He said he could not promise much more than that based on the little time set out for this afternoon’s discussions.“They gave us a copy of the strategic plan for the company which outlines what they plan to do – to downsize,” he said.“We have not had the opportunity to go through anything…Here it is they sent us a strategic plan and yet we don’t have enough time, based on the agenda.“There is an item on the agenda – identification of agreed action – but we will not be able to agree on anything, so at the end of the day where do we go?” he added.Massiah said the process suggested that there was no real interest in the unions’ input.Similar sentiments have been expressed by Chairman of the regional grouping of trade unions representing LIAT workers Chester Humphreys who is not attending the meeting. (DP)Nation Newslast_img read more