In Re: Expeditious Trial of Cases U/S 138 of N.I. Act, 1881 – a Welcome Judgment

Abstract

The Hon’ble Supreme Court’s decision in “In Re: Expeditious Trial of Cases U/S 138 of N.I. ACT, 1881” is a welcome judgment towards speedy disposal of cases relating to offences under section 138 of Negotiable Instruments Act, 1881 (N.I. Act). There are more than 35 lakhs cheque bounce cases are pending before various trial courts of India. The Hon’ble Supreme Court has observed that “there is no doubt or dispute about the fact that matters under the Negotiable Instruments Act have posed what by now has become an intractable problem accounting for close to 30 to 40 percent of the pendency in the trial courts and a very high percentage in the High Courts also”. To deal with the situation, the Hon’ble Supreme Court has suo motu taken Writ Petition to devise methods and to evolve a concerted and coordinated mechanism for expeditious trial of case U/S 138 of N.I. Act. The Bench after examining the reasons for the delay in disposal of the cases has issued seven important guidelines to expedite the hearing and disposal of the cases U/S 138 of N.I Act. The Hon’ble Supreme Court has also requested the High Courts including Supreme Court to identify the pending cases u/s 138 of the N.I. Act and refer them to mediation at the earliest and to settle the disputes through mediation. This is a novel concept under criminal law and highly welcome step. The guidelines issued by the Apex Court are law under Article 141 of the Indian Constitution and are bound to be followed by the all the courts in India and this move of the Hon’ble Supreme Court will surely expedite the trial of cheque dishonour cases u/s 138 of N.I. Act. Keywords: Section 138 of N.I. Act, Suo Motu Writ Petition, Guidelines, Article 141 of Indian Constitution.