Thread by @barandbench

Supreme Court is hearing the suo moto case to devise methods for expeditious trial of Section 138 NI Act cases

#SupremeCourt #NIAct

Sr Adv Sidharth Luthra, Amicus Curiae in the case: There are 26 lakh cases, and now it’s increased by 7 lakh in 4 to 5 months. That is a disturbing number here. One defaulting area is Delhi and Gujarat has 4 lakh cases, Maharashtra has 5.6 lakhs #NIAct

Justice Ravindra Bhat: there needs to be a greater analysis of pendency

Luthra: only 15% of last year’s pendency has been disposed and then less cases are being disposed every year #NIAct

Amicus: committee has suggested and Centre needs to respond to it....once process is issued, we can have a national portal where one can identify such processes. Once a person knows that a cheque issued by him has bounced the he can check for pending summons #niact

ASG SV Raju: this should not allow accused to misuse system & delay proceedings. If there is a portal, there has to be constant feeding also

Amicus: once you fail to serve summons then union will do so. . We can prepare a report and you can have this after 2-3 days #NIAct

Justice L Nageswara Rao: the system that can work is that you get a notice from your bank about cheque bounce, and then you go for mediation

ASG: it is the summons mediation, notice issued to him and he comes #NIAct

Justice Bhat: litigation model is when parties have a dispute, one party goes to mediator and they call other party. In this case that would be when bouncing happens then that hiatus between bouncing and filing complaint would be pre litigation mediation #NIAct

Justice Rao to Centre: there are certain suggestions regarding special courts, mediation etc. please file a reply on this and also regarding establishment of courts #NIact

Justice Rao: you need infrastructure, personnel. staff members

Luthra: since its contractual even part time employee can do

Justice Bhat: it was done in HC and judges only had t sit for long

Justice Rao: visualise the problems and give solutions

#NIact

Justice Rao: who is appearing for the IBA?

Luthra: she is busy with the elections.. today is SCBA polls

Justice Rao: how come so many people in court then. mostly they would ask for adjournments, passovers #NIAct

Justice Rao: suggestion of retired judicial officers is good

Justice BR Gavai: rural areas it is difficult. they dont have means to go back etc.

Amicus: evening courts may not work out and appointment of judges will take time #NIAct

SC: List this on May 11, 2022. 3 Pm

ASG Banerjee: i will take instructions especially with regard to the last part of setting up evening courts and the portal for summons.

SC: Even on mediation give your suggestion #NIAct

SC: States have to respond to suggestion of having, one court in one district with a retired judge, as a pilot project
#NIAct

SC: On 4.3.2021 a committee was appointed to submit a report to specify steps on how to dispose off cases under Section 138 NI Act. report has been submitted and Amicus has filed a note specifying suggestions made.

SC: regarding pre summons mediation, national portal for summons and cases under NI Act, Union, states and High Courts are directed to submit their suggestions within a period of 2 weeks.

SC: regarding constitution of special courts, state of Maharashtra, Delhi, Gujarat, UP and Rajasthan has been selected on the basis of number of cases pending in those states higher than other states.

SC: List this matter on May 12, 2022 #NIAct