New directions by Supreme Court of India to expedite the prosecution of cheque cases
2014 STPL(Web) 291 SC 1
Indian Bank Association and Others Vs. Union of India and Others
Supreme Court Judgements @ www.stpl-india.in
2014 STPL(Web) 291 SC
SUPREME COURT OF INDIA
(K.S. RADHAKRISHNAN AND VIKRAMAJIT SEN, JJ.)
INDIAN BANK ASSOCIATION AND OTHERS
Petitioners
VERSUS
UNION OF INDIA AND OTHERS
Respondents
Writ Petition (Civil) No.18 of 2013-Decided on 21-4-2014.
Dishonour of Cheque – Directions issued to Trial Courts
...........................................................................
Para 21.
2014 STPL(Web) 291 SC
SUPREME COURT OF INDIA
(K.S. RADHAKRISHNAN AND VIKRAMAJIT SEN, JJ.)
INDIAN BANK ASSOCIATION AND OTHERS
Petitioners
VERSUS
UNION OF INDIA AND OTHERS
Respondents
Writ Petition (Civil) No.18 of 2013-Decided on 21-4-2014.
Dishonour of Cheque – Directions issued to Trial Courts
...........................................................................
Para 21.
Many of the directions given by the various High Courts, in our view, are worthy of emulation by the
Criminal Courts all over the country dealing with cases under Section 138 of the Negotiable Instruments
Act, for which the following directions are being given :-
DIRECTIONS:
(1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the
complaint under Section 138 of the Act is presented, shall scrutinize the complaint and, if
the complaint is accompanied by the affidavit, and the affidavit and the documents, if
any, are found to be in order, take cognizance and direct issuance of summons.
(2) MM/JM should adopt a pragmatic and realistic approach while issuing summons.
Summons must be properly addressed and sent by post as well as by e-mail address got
from the complainant. Court, in appropriate cases, may take the assistance of the police
or the nearby Court to serve notice to the accused. For notice of appearance, a short date
be fixed. If the summons is received back un-served, immediate follow up action be
taken.
(3) Court may indicate in the summon that if the accused makes an application for
compounding of offences at the first hearing of the case and, if such an application is
made, Court may pass appropriate orders at the earliest.
(4) Court should direct the accused, when he appears to furnish a bail bond, to ensure his
appearance during trial and ask him to take notice under Section 251Cr.P.C. to enable
him to enter his plea of defence and fix the case for defence evidence, unless an
application is made by the accused under Section 145(2) for re- calling a witness for
cross-examination.
2014 STPL(Web) 291 SC 10
Indian Bank Association and Others Vs. Union of India and Others
Supreme Court Judgements @ www.stpl-india.in
(5) The Court concerned must ensure that examination-in-chief, cross- examination and
re-examination of the complainant must be conducted within three months of assigning
the case. The Court has option of accepting affidavits of the witnesses, instead of
examining them in Court. Witnesses to the complaint and accused must be available for
cross-examination as and when there is direction to this effect by the Court.
22. We, therefore, direct all the Criminal Courts in the country dealing with Section 138 cases to follow
the above-mentioned procedures for speedy and expeditious disposal of cases falling under Section 138 of
the Negotiable Instruments Act.
23. Writ Petition is, accordingly, disposed of, as above.
------
Criminal Courts all over the country dealing with cases under Section 138 of the Negotiable Instruments
Act, for which the following directions are being given :-
DIRECTIONS:
(1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the
complaint under Section 138 of the Act is presented, shall scrutinize the complaint and, if
the complaint is accompanied by the affidavit, and the affidavit and the documents, if
any, are found to be in order, take cognizance and direct issuance of summons.
(2) MM/JM should adopt a pragmatic and realistic approach while issuing summons.
Summons must be properly addressed and sent by post as well as by e-mail address got
from the complainant. Court, in appropriate cases, may take the assistance of the police
or the nearby Court to serve notice to the accused. For notice of appearance, a short date
be fixed. If the summons is received back un-served, immediate follow up action be
taken.
(3) Court may indicate in the summon that if the accused makes an application for
compounding of offences at the first hearing of the case and, if such an application is
made, Court may pass appropriate orders at the earliest.
(4) Court should direct the accused, when he appears to furnish a bail bond, to ensure his
appearance during trial and ask him to take notice under Section 251Cr.P.C. to enable
him to enter his plea of defence and fix the case for defence evidence, unless an
application is made by the accused under Section 145(2) for re- calling a witness for
cross-examination.
2014 STPL(Web) 291 SC 10
Indian Bank Association and Others Vs. Union of India and Others
Supreme Court Judgements @ www.stpl-india.in
(5) The Court concerned must ensure that examination-in-chief, cross- examination and
re-examination of the complainant must be conducted within three months of assigning
the case. The Court has option of accepting affidavits of the witnesses, instead of
examining them in Court. Witnesses to the complaint and accused must be available for
cross-examination as and when there is direction to this effect by the Court.
22. We, therefore, direct all the Criminal Courts in the country dealing with Section 138 cases to follow
the above-mentioned procedures for speedy and expeditious disposal of cases falling under Section 138 of
the Negotiable Instruments Act.
23. Writ Petition is, accordingly, disposed of, as above.
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