VidhiSangh

Supreme Court of India · 19/05/2022

IN RE: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881 versus .

[2022] 3 S.C.R. 276 · 2021 INSC 257

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In the suo motu proceedings on expeditious trial of cheque-dishonour complaints under Section 138 of the Negotiable Instruments Act, 1881, the Court noted that all High Courts except Patna had complied with the Constitution Bench directions of 16.04.2021 and that pendency had risen from 26.07 lakh complaints in November 2021 to 33.44 lakh by April 2022. The Expert Committee had proposed de novo Special NI Courts under Article 247 needing 1,826 new judicial officers at a cost of Rs. 126.59 crores; the amici found this impracticable and proposed a pilot using retired judicial officers and court staff. The Court directed a one-year pilot study from 01.09.2022 in 25 Special Courts, one in each of the five highest-pendency districts of Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh, presided over by retired judicial officers on contract, with detailed operational guidelines.

Issues

  1. How the backlog of over 33 lakh complaints under Section 138 of the Negotiable Instruments Act, 1881 should be addressed — by creating de novo Special NI Courts under Article 247 as the Expert Committee proposed, or by a pilot scheme of Special Magistrates' Courts under Sections 13 and 18 CrPC manned by retired judicial officers and court staff.

Provisions considered

Held

Result

Directions issued for a one-year pilot study (01.09.2022–31.08.2023) of 25 Special Courts for Section 138 NI Act cases in Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh staffed by retired judicial officers and court staff; the five High Courts to file compliance affidavits by 21.07.2022; matter listed on 26.07.2022.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 276.