Negotiable Instruments Act, 1881–Secs. 138 & 143–Legal aspects of trying the matters–
(i) Complaint would be registered as a summary trial.
(ii) If the case is tried summarily then the sentence of imprisonment should not be exceeding the period given under the first proviso to Sec. 143.
(iii) Magistrate would be liberty to try a complaint as summon case and other mode provided under Cr.P.C. at the commencement or during the summary trial, if it appears that the sentence of imprisonment for a term exceeding one year may have to be passed, such opinion would be prima facie and not to be recorded as it may prejudice the accused.
(iv) Magistrate may further hold summon trial when he finds it undesirable to try the case summarily–For that, Magistrate would record order after the parties and proceed with trial in the manner provided under the second proviso of Sec. 143 of Act.
(v) A decision to have summons trial can be taken at the commencement or during the course of trial, in the manners indicated above.
(vi) If it appears that the nature of case is such which may require sentence of imprisonment exceeding one year or it is found to be undesirable to try the case summarily, it would not be necessary for the Magistrate to cause sentence of more than one year, if an order of conviction is passed.
