The Supreme Court Sets aside the Judgement of the Kerela High Court for rationalising, humanising and simplifying the procedure in Criminal Courts.

A three judge bench of the Supreme Court reversesd and order of the High Court of Kerala in Crl. M.C. No. 1977 of 2007 for issuing directions to trial courts, in cases under Sec 138 of the Negotiable Instruments Act 1881. For us, the order of the Kerela High Court is yet another instance, where in their anxiety to do justice, the courts have gone overboard. Call it judicial law making, or simply a judgment per incuriam. The judgement of the Supreme Court Can be read here

On 17th November, 2008, while granting leave in this matter, a bench of two learned judges referred the instant case to a larger Bench, posing the following question for determination:

"...One of the questions which arises for consideration in this special leave petition is as to whether the High court in exercise of its jurisdiction under Sections 482 and 483 of the Code of the Criminal Procedure and/or under Article 227 of the Constitution of India could issue guidelines directing all courts taking cognizance of offences under Section 138 of the Negotiable Instruments Act inter alia to invoke the discretion under Section 205 of the Code of Criminal Procedure and only with a further direction that summons under Section 205 shall be issued at the first instance..."

Briefly stated, the genesis of the dispute is that on a complaint filed under Section 138 of the N.I. Act and On being summoned by the Magistrate, the accused preferred a petition before the High Court of Kerela under Section 482 of the Criminal Procedure Code, 1973 (for short "the Code"), inter alia, praying for dispensing with her personal appearance before the Magistrate.