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2020 (3) TMI 1312 - SC - Indian LawsTrial of cases relating to 'Dishonor of Cheque and default in payment after a demand notice' - Despite many changes brought through legislative amendments and various decisions of this court mandating speedy trial and disposal of these cases, the Trial Courts are filled with large number of pendency of these cases - pendency of more than 35 lakh, which constitutes more than 15 percent of the total criminal cases pending in the District Courts - HELD THAT:- A plain reading of Chapter XVII of the N.I. Act, 1881 and the judgments of this Court in Indian Bank Association & others v. Union of India and ors., [2014 (5) TMI 750 - SUPREME COURT] and Meters and Instruments Private Limited and anr. v. Kanchan Mehta, [2017 (10) TMI 218 - SUPREME COURT] would show the following mandates with regard to the expeditious trial of cases of this nature. One of the major factor, for high pendency is delay in ensuring the presence of the accused before the Court for trial. As per recent study, more than half of the pending cases, i.e. more than 18 lakh cases, are pending due to absence of accused - Taking effect from Section 144 of the Act, Sections 62, 66 and 67 of Cr.P.C. and directions of this Court, the Magistrate may opt for one or many of the methods of service of summons, including service through speed post or the courier services, Police Officer or any other person, e-mail or through a Court having territorial jurisdiction. There is a need to evolve a system of service/execution of process issued by the court and ensuring the presence of the accused, with the concerted efforts of all the stakeholders like Complainant, Police and Banks. One step in such direction was taken by this court in the case of Meters and Instruments Private Limited, where it had directed the banks to give the details of e-mail of the accused to the payee/complainant for service through e-mail - Banks, being an important stakeholders in cases of this nature, it is their responsibility to provide requisite details and facilitate an expeditious trial mandated by law. An information sharing mechanism may be developed where the banks share all the requisite details available of the accused, who is the account holder, with the complainant and the police for the purpose of execution of process. The High Courts may also consider setting up of exclusive courts to deal with matters relating to Section 138, especially in establishments where the pendency is above a standard figure. Special norms for assessment of the work of exclusive courts may also be formulated giving additional weightage to disposal of case within the time-frame as per legal requirement - the status of directions issued or measures adopted by the High Courts may be assessed and a best suited mechanism in this direction may be considered. Let the matter be registered separately as Suo Moto Writ Petition (Criminal) with the caption ‘Expeditious trial of cases under Section 138 of N.I. Act, 1881’. Issue notice to the Union of India through Law Secretary, Registrar General of all the High Courts, the Director General of Police of all the States and Union Territories, Member Secretary of the National Legal Services Authority, Reserve Bank of India and Indian Bank Association, Mumbai as the representatives of Banking institutions - List both the matters on 16.04.2020.
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