Implementation Deadline for Courts - The High Courts and District Courts are mandated to implement the specified guidelines by November 1, 2025. Sanjabij Tari VS Kishore S. Borcar - Supreme Court
Judicial Approach to Section 138 NI Act - In Criminal Appeal No. 3789 of 2025, a coordinate bench emphasized that proceedings under Section 138 of the Negotiable Instruments Act are essentially civil in nature, allowing parties to settle or enter into civil proceedings, and highlighted that convictions under this section can be set aside if not properly grounded. Sanjabij Tari VS Kishore S. Borcar - Supreme Court
Observations on Civil vs. Criminal Nature - The case notes the importance of recognizing the civil character of Section 138 proceedings and the courts' discretion to set aside convictions if proceedings are not strictly criminal. Sanjabij Tari VS Kishore S. Borcar - Supreme Court
Analysis and Conclusion:
The key takeaway is that courts are expected to adhere to the new guidelines by late 2025, with a judicial recognition that proceedings under Section 138 of the NI Act are primarily civil. This influences how convictions are approached and potentially set aside, emphasizing the civil nature of such cases and the importance of proper procedural adherence.
The High Courts and District Courts shall implement the aforesaid guidelines not later than 01st November, 2025. ... (Criminal Appeal No. 3789 of 2025 dated 11th August 2025), a co-ordinate Bench of this Court has set aside concurrent convictions rendered by the Courts below on the ground that the proceeding under Section 138 of the NI Act is essentially a civil proceeding and it is open to the parties to enter into ... State Represented by the Inspector of Police, 2025 SCC OnLine SC 870]. Observations to the contrary b....
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