Civil and Criminal appeals, cases u/s.138 of NI Act, 1881 can be filed in physical presence

Urgent applications in this regard, including the admissibility of civil and criminal appeals, may be heard in virtual presence.

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Supreme Court has issued a circular stating that civil and criminal appeals can be filed in the court in physical presence following the health guidelines. The circular also states that filing a case under section 138 of the Negotiable Instruments Act, 161 can also be filed in the court in physical presence.

Moreover, urgent applications in this regard, including the admissibility of civil and criminal appeals, may be heard in virtual presence. However, in the case filed under section 138 of the Negotiable Instruments Act, 181, the Magistrate concerned will take a deposition under section 200 of the Code of Criminal Procedure, 1898 in the physical presence.

The circular has therefore permitted the subordinate courts to function physically amid nationwide lockdown enforced for preventing the spread of coronavirus. The circular also states that the circular will be effective immediately and will remain in force until further notice.

Download: Supreme Court Circular No. 14/2021

In a separate circular, Supreme Court also directed that each Divisional Special Judge / Special Judge’s Court shall conduct virtual court proceedings for the purpose of disposing of bail and urgent criminal applications until further orders to prevent the spread of the coronavirus.┬áThe circular also said the order would be effective from April 25 and would remain in force till further notice.

Download: Supreme Court Circular No. 15/2021