TaxTMI 
TaxTMI 
2020 (3) TMI 1312
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....ook seven years for this case to be disposed of at the trial court level. A dispute of such nature has remained pending for 15 years in various courts, taking judicial time and space up till this Court. 2. Dishonour of cheque, which originally gave cause of action to file a civil suit, was criminalised in the year 1988, with the insertion of Chapter XVII in the Negotiable Instrument Act, 1881. Cheque dishonour, followed by default in payment after a demand notice, became punishable under Section 138 with imprisonment or fine which may extend to twice the amount of the cheque or both. 3. The legislative intent behind the above-mentioned amendment was to ensure faith in the efficacy of banking operations and credibility in transacting busin....
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....e trial within six months from the date of filing of the complaint. (d) The Trial, as far as practicable, must be held on a day to day basis unless reasons exist to do otherwise. Though, these mandates exist, they cannot operate in vacuum without addressing the factors attributable to the long delay of disposal of cases, urging holistic consideration. 6. 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. 7. This Court in Indian Bank Association (supra), has held that Magistrate should adopt a pragmatic and realistic approach while issuing proc....
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....ndicated 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 ....
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....mentioned above to facilitate adjudication of real issues. 13. Further, a mechanism may be developed to ensure the presence of the accused even by way of coercive measure, if required, taking effect from Section 83 of Cr.P.C. which allows attachment of property, including movable property. A similar co-ordinated effort may be evolved to recover interim compensation under Section 143A of the N.I. Act as well as fine or compensation to be recovered as per Section 421 of Cr.P.C. The Bank may facilitate mechanism for transferring requisite funds from the bank account of the accused to the account of the holder in due course, as may be directed by the Court. 14. With ever growing institution of N.I. cases, there is a need of developing a mecha....
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....exclusive courts may also be formulated giving additional weightage to disposal of case within the time-frame as per legal requirement. 17. This Court in the case of Meters and Instruments Private Limited (supra), observed the following: "Use of modern technology needs to be considered not only for paperless courts but also to reduce overcrowding of courts. There appears to be need to consider categories of cases which can be partly or entirely concluded "online" without physical presence of the parties by simplifying procedures where seriously disputed questions are not required to be adjudicated. Traffic challans may perhaps be one such category. At least some number of Section 138 cases can be decided online. If complaint with affidav....