Speedy disposal of cheque bounce cases

Allowing courts to make summary convictions and discouraging the use of cheques can help reduce the huge pile-up of cases

The Supreme Court recently came out with a slew of directions to ensure speedy disposal of cheque-bounce cases.

Dear Queriest,

Cheque bounce is a criminal offence under Section 138 of the Act, for which the payee can file a criminal complaint. The Supreme Court of India has formed a committee to recommend measures for expediting the resolution of cases brought under section 138 of the Negotiable Instruments Act (cheque bouncing cases). Earlier to this it was expected that any such case can easily take 3-5 years to resolve. But the apex court has taken steps to ensure this problem is resolved, as of now there are no specified time limits.

Although all the courts across the country are definitely following the orders of the Supreme Court and it will also be effective in Karnataka. 

Regards,

Aryan Raj 

File RTI Application to HC of Karnataka and seek information as follows:

1. Please provide me the copy of directives/guidelines issued by the High Court in Cheque bouncing cases as per SC guidelines.

@GLN PRASAD - Can it be obtained by RTI? I had requested  for the certfied copy of my Case in one of the court and i got a response that all the judicial proceeding should be obtained by submitting a aapplication at the court and cannot be provided using the RTI route. Hope it is not same for this one too.

Yes definitely without an iota of doubt.  Administrative and judicial functions are different.  Issuing a general circular is not a judicial function and administrative in nature.  Try it yourself with Rs.32/- (Rs.10/- fee + Rs.22 registration for envelope)

Thank you @GLN Prasad. Filed it online over Central  RTI website with Rs 10/- fee (as Karnataka state govt is infamous for not responding to any request). Requested for electronic delivery to my email address

In fact, this directive must have been uploaded to the Karnataka High Court website.  Just check.

Now the application is before the Karnataka High court and never select a roundabout way.  KHC might have also sent a copy to SC and you should have filed online in the SC segment.

We should try to use the fundamental rights, whether the information will be given or not is secondary, as there are 3 more procedural steps like First appeal and second appeal also.

The decision could be accessed on Supreme Court website. However, in my considered opinion, the directions may not of much consequences. The real issue that is leading to non-disposal of cheque-bounce cases is that a majority of such cases, as much as 95% of the cases, are not genuine. Fact of the matter is that the provisions of NI 138 has become a convenient tool in the hand of the so-called blade mafia against the hapless citizens. 

@P Venu - Yes that could be true, but also it depends on how the case is being  represented by the Lawyer. The  Lawyer i selected though he said was an  expert in  dealing with checque bounce, was  telling me that the jurisdiction for the  case is the location where the  cheque was issued and not  the location where the Cheque was bounced . They are different locations altogether far away from each other. He was also suggesting  that the case is weak without a witeness signature , inspite of having signed agrrements, promissory notes, online bank  transaction records  of lending the money, recorded converations. I dont know what worls he is living in. It is very hard to find a competitive and genuine lawyer.

The most unfortunate story, whether all these documents are required as the presumption of giving a cheque is in consideration and the burden of proof rests on the drawer of cheque !!!!

Certainly, in the instant case, the lawyer you have selected is less than professional!

https://main.sci.gov.in/supremecourt/2020/9631/9631_2020_31_501_27616_Judgement_16-Apr-2021.pdf you can quote this judgment in your plea for speedy disposal of your ni case, and ask for summary trial instead of summons trial.

@Parasar -  Thank you. Unfortunately, the lawyer who took the case did not know about the summary trail at all. I found that out and want to file a case at the location where the   defedent lives ( as those are the  rules for summary trail), but the lawyer is not  getting me the documents that are needed to initiate such case. He is  now worried that i  may have  get a faster resolution in the summary trail  court and he has to drop this case. Due to covid the courts are also operating restricting the regular citizens to file for copies.

Speedy dispose!!!???   It is not so easy as buying banana and bun and eating ,,each case has its own speciality ,and tried to be individual not Ditto.