Negotiable Instruments Act, 1881: s. 138 – Expeditious trial/
disposal of cases u/s. 138 – Pendency of matters u/s. 138 at various
levels, having adverse effect in disposal of other criminal cases –
Imminent need for remedying the situation – Suo Motu Writ Petition
– Issuance of notice to Union of India, Registrar Generals of the
High Courts, Director Generals of Police of the States and Union
Territories, Member Secretary of the National Legal Services
Authority, Reserve Bank of India and Indian Banks’ Association –
Submission of preliminary report by amicus curiae, based on the
responses by the State Government and Union Territories – In view
thereof, necessary suggestions made for redressal of backlog of
cases, by this Court – Request to High Courts to issue practice
directions to the Magistrates to record reasons before converting
trial of complaints u/s 138 from summary trial to summons trial –
Inquiry to be conducted on receipt of complaints u/s 138 to arrive
at sufficient grounds to proceed against the accused, when such
accused resides beyond the territorial jurisdiction of the court –
For the conduct of inquiry u/s 202 of the Code, evidence of witnesses
on behalf of the complainant to be permitted to be taken on affidavit,
and in suitable cases, the Magistrate can restrict the inquiry to
examination of documents without insisting for examination of
witnesses – Amendments be made to the Act for provision of one
trial against a person for multiple offences u/s 138 committed within
a period of 12 months, notwithstanding the restriction in s. 219 of
the Code – Request to High Courts to issue practice directions to
the trial courts to treat service of summons in one complaint u/s 138
forming part of a transaction, as deemed service in respect of all
the complaints filed before the same court relating to dishonour of
cheques issued as part of the said transaction – Amendment to the
Act empowering the trial courts to reconsider/recall summons in
respect of complaints u/s 138 to be considered by the Committee
constituted, along-with the other issues relating to expeditious disposal of complaints u/s 138 – Code of Criminal Procedure, 1973
– ss. 202, 219, 258, 322.