SC issues norms for cheque bounce cases’ early disposal

The Supreme Court Friday came out with a slew of directions to ensure speedy disposal of cheque bounce cases and asked the Centre to amend laws to ensure clubbing of trials in cases which are lodged within one year against a person relating to the same transaction.

The apex court directed all the high courts across the country to issue guidelines for trial courts to deal with cheque bounce cases.

The top court also recommended to the government to make “suitable amendments” in the Negotiable Instruments Act to ensure that trials in cheque bounce cases lodged in 12 months against a person can be clubbed together into one consolidated case

Issuing a slew of directions on expediting trial in cheque bounce cases that are piling up by day and clogging the justice delivery system, Chief Justice Sharad A. Bobde heading a five-judge constitution bench also comprising Justices L. Nageswara Rao, B.R. Gavai, A.S. Bopanna, and Ravindra Bhat said, “We recommend that suitable amendments be made to the Negotiable Instrument Act for the provision of one trial against a person for multiple offences under Section 138 of the Act committed within a period of 12 months, notwithstanding the restriction in Section 219 of the Code.”

The court said that such a course would reduce the burden on the docket of the criminal courts.

Referring to the “humongous pendency” of complaints under Section 138 of the NI Act, the court noted that on December 31, 2019, out of 2.31 crore pending criminal cases, 35.16 lakh were of cheque bounce alone.

The apex court said the issues which have not been dealt by it would be considered by a committee headed by Justice R.C. Chavan, former judge of the Bombay high court.

On March 10, the top court had constituted the committee to submit a report in three months specifying the steps to be taken for early disposal of cheque bounce cases across the country.

It said a three-judge bench would now take up the suo motu matter on ensuring early disposal of cheque bounce cases after eight weeks.