A.R. Antulay vs R.S. Nayak & Anr on 29 April, 1988
We are also not convinced with the arguments of Mr. Neeraj Kaul that the bar under Section 142 is only to the extent that Court inferior to the Magistrate, First Class will have no jurisdiction. In fact what the Legislature intended was not only Magistrate, First Class will try those cases and not any Magistrate as stipulated in First Schedule Part-II of the Code. By relying on Article 227 of the Constitution the respondent cannot be permitted to expand the jurisdiction or the scope of the special Act nor the jurisdiction as envisaged under Section 142 of the Act. We also find no merit in the contention of Neeraj Kaul that in A.R. Antulay's case case unlike Section 7(2) of the 1952 Act, no specific bar is provided under Section 142(c) of the Act. No doubt under 1952 Act it was provided that the cases shall be friable by Special Judge only. But reading of the N.I. Act does not indicate that under Section 142(c) unlimited jurisdiction vests with various Courts to try cases under Section 138 of the Act. Even though the words "only has not been written in Section 142(c) but the intention of the Legislature can be inferred. When we say that cases under Section 138 would not be tried by any Court inferior to the Metropolitan Magistrate or Judicial Magistrate, First Class it does not automatically expand the jurisdiction to superior Courts. In fact the reading of Section 142(c) makes it clear that cases under Section 138 of the Act being summons cases are to be tried by Metropolitan Magistrate or Judicial Magistrate, First Class. First Schedule Part-11 of the Code provides that if the offence is punishable with imprisonment for less than 3 years or with fine only, then such an offence is friable by "Any Magistrate". It is with a view to circumvent "Any Magistrate" that the Legislature in its wisdom incorporated in Section 142(c) of the N.I. Act which is special provision that only Magistrate of First Class will try offences under Section 138 of the Act and not any Magistrate. This does not mean that jurisdiction under Section 142(c) has been expanded and can vest with Courts superior to the Court of Magistrate, First Class.