TMI Blog2020 (3) TMI 1312X X X X Extracts X X X X X X X X Extracts X X X X ..... an 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the efficacy of banking operations and credibility in transacting business on cheques. It was to provide a strong criminal remedy in order to deter the high incidence of dishonour of cheques and ensure compensation to the complainant. Subsequent amendments in the Act and the pronouncements of this Court reflect that it was always perceived that these cases would be disposed off speedily so as to preserve the object of criminalisation of the act. 4. 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. A recent study of the pending cases, reflects pendency of more than 35 lakh, which constitutes more than 15 percent of the total criminal cases pending in the District Courts. Further, there is a steady increase in the docket burden. 5. 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 SCC 590 and Meters and Instruments Private Limited and anr. v. Kanchan Mehta, (2018) 1 SCC 560 would show the following ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts also remain ambivalent of this fact, requiring the complainant to pay unjustified process fee, repeatedly and avoid to take action against negligent police officers. The coercive methods to secure the presence of accused viz. attachment indicated in Section 82 and 83 Cr.P.C., are seldom resorted. 10. Having regard to the prevailing state of affairs, we find that 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 (supra), 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. It was held: In every complaint under Section 138 of the Act, it may be desirable that the complainant gives his bank account number and if possible e-mail ID of the accused. If e-mail ID is available with the Bank where the accused has an account, such Bank, on being required, should furnish such email ID to the payee of the cheque. (emphasis supplied) 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity. This Court in K.N. Govindan Kutty Menon vs C.D. Shaji, (2012) 2 SCC 51 has held that: Even if a matter is referred by a criminal court under Section 138 of the Negotiable Instruments Act, 1881 and by virtue of the deeming provisions, the award passed by the Lok Adalat based on a compromise has to be treated as a decree capable of execution by a civil court. 15. The effect of above legal proposition is that an Award passed at the pre-litigation stage or pre-cognizance stage shall have an effect of a civil decree. The National Legal Services Authority, being the responsible Authority in this regard, may evolve a scheme for settlement of dispute relating to cheque bounce at pre-litigation i.e. before filing of the private complaint. This measure of prelitigation ADR process can go a long way in settling the cases before they come to Court, thereby reducing docket burden. 16. The High Courts, in addition to the above, 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 g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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