CJI expresses concern over large number of cheque bounce cases

Chief Justice of India Justice K G Balakrishnan on Wednesday expressed concern over the large number of pending cheque bounce cases in the Capital and hoped that the concept of evening courts would help address the problem. "It is disappointing to have a pendency of over 5.5 lakh such cases in Delhi alone. It is a big problem for magistracy," Justice Balakrishnan said, while inaugurating evening courts in New Delhi to deal with cheque dishonour cases. He suggested extension of the mechanism of evening courts to include cases relating to petty offences, maintenance and traffic challans. "Cheque bounce cases do not have impact on society. They do not improve the criminal justice system. The courts should not become collecting agents of money lenders," Justice Balakrishnan said, referring to Bangalore where 7,000 cases of cheque dishonour were filed in a day. He also said that 160 additional posts are being created in the lower judiciary to clear large number of pending cases Chief Justice, Delhi High Court Justice A P Shah said that out of total nine lakh pending cases in the magistrate's courts in New Delhi till October this year, 5.7 cases related to the dishonouring of cheques have virtually chocked the system. The evening courts would help optimally utilise the infrastructure since the situation has become serious with regard to the pendency of cases, Justice Shah said, referring to unprecedented spurt in cheque-bounce cases under Section 138 of the Negotiable Instruments Act. Three evening courts started functioning today from Patiala House Courts and Karkardooma Court complex for two hours from 5 to 7 pm. The courts would initially deal with those cases where the cheque amount is upto Rs 25,000 and the complainant is a financial institution. Evening courts were first mooted in the 125th report of the Law Commission and again recommended during the Conference of Chief Justices held in April, 2007 as one of the means to deal with pending of cases. Delhi High judges Justices Madan B Lokur and Mukul B Lokur said the Evening Courts would hopefully come as a relief for the lower judiciary burdened with the cases under Section 138 Negotiable Instruments Act.

"Loved reading this piece by Prakash Yedhula?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group