“One Trial for offences committed within a gap of 12 Months”: Supreme Court Issues Directions In Suo-Moto PIL For speedy disposal of Cheque Bounce Cases
Constitutional Bench of Chief Justice SA Bobde, Justice L. Nageswara Rao, Justice B.R. Gavai, Justice A.S. Bopanna and Justice S. Ravindra Bhat delivered its judgment today on a suo-moto PIL concerning speedy disposal of cases under the NI Act, 1881.
Referring Para 24 of the Judgment, the bench through Chief Justice Bobde observed,
“Evidence permitted to be taken on affidavit without examination of witness
One Trial for offences committed within a gap of 12 Months
Judgments in Adalat Prasad and Setu Ram have been decided correctly
Review and Recall of summons not allowed; revisit of order of process not allowed
S.258 of the Code not applicable to S.138 NI
Any other issue to be decided by the Committee
Matter listed after 8 weeks; further hearing to take place before 3-Judge bench”
The matter originated from a direction issued in this behalf in Makwana Mangaldas Tulsidas v. State of Gujarat, SLP (Crl.) No. 5464 of 201, by a Division Bench of Chief Justice SA Bobde and Justice Nageswara Rao, vide judgment dated March 5, 2020.
Senior Advocate Siddharth Luthra and Advocate K Parameshwar were appointed as Amicus Curiae in this matter.
On March 3, 2021, Supreme Court Bench of Chief Justice SA Bobde, Justice L. Nageswara Rao and Justice S. Ravindra Bhat had suggested the Union to provide for establishment of additional courts for offences under the Negotiable Instruments Act, 1881, exercising powers under Article 247 of the Constitution.
“There is no doubt or dispute about the fact that matters under the N.I. Act has posed what by now has become an intractable problem/accounting for close to 30 to 40 per cent of the pendency in the trial courts and a very high percentage in the High Courts also”, the Bench remarked.
On the last date of hearing March 10, 2021, Learned Solicitor General, Mr. Tushar Mehta submitted that the Union of India, accepts the need, and was committed to the establishment of such additional courts exercising Article 247, after working out the modalities.
Court had directed to form a Committee to consider all suggestions at the Bar and submit a report, specifying steps to facilitate early disposal of the cases under the Negotiable Instruments Act.
Directions were also issued to take into account the pendency of NI cases, in each State, to determine the number of Additional Courts needed.
The Committee comprised of:
(i) Justice RC Chauhan, Former Judge, Bombay High Court as the Chairman of the Committee
(ii) Mr. Sanjeev Kaushik, Additional Secretary, Department of Financial Services
(iii) Mr. Tajinder Kashyap, Joint Secretary, Department of Justice
(iv) Ms. Anjali Bhawara, Special Secretary, Department of Corporate Affairs
(v) Mr. Rajeev Ranjan, Additional Secretary, Department of Expenditure
(vi) Mr. Anil Mallik, Additional Secretary, Ministry of Home Affairs
(vii) Mr. P. Vasudevan, Chief General Manager, Department of Payment and Settlement Systems, Central Office nominated by the Governor, Reserve Bank of India (RBI) as the representative of RBI
(viii) Mr. Vikramjit Banerjee, Additional Solicitor General of India
(ix) One representative of Banking Industry to be nominated by the Chairman, Indian Banks' Association (IBA)
(x) A competent officer of the National Legal Services Authority (NALSA) to act as Secretary of the said Committee.
The Bench further directed the Committee to submit its report within a period of three months from the date of its first meeting, including necessary changes regarding speedy disposal of complaints under the NI Act, as well as the number of courts required for speedy disposal of those cases.
Case Title: In Re Expeditious Trial of Cases under Section 138 OF N.I. ACT 1881| SMW (Crl) 2/2020