Central Government should amend the law to expedite the disposal of cases related to check bounce : SC
New Delhi. The Supreme Court on Friday issued several directions for early disposal of check bounce cases. The court has suggested to the Central Government to amend the law and arrange to link together the cases registered against the person related to the same transaction within one year. The apex court directed all the High Courts in the country to issue guidelines to the lower courts to deal with check bounce cases.
A 5-member constitution bench headed by Chief Justice SA Bobde said, evidence can be presented by filing affidavits in check bounce cases. Also, there would be no need to call witnesses and investigate. The bench called for an amendment to the Negotiable Instruments Act so that a person can be prosecuted by piecing together the cases of check bounce lodged within a year. The bench reiterated the earlier verdict of the apex court that the lower courts do not have the natural powers to reconsider the decision to summon individuals to face trial in check bounce cases. About 3.5 million cases of check bounce are pending. 40% of the total pending cases in the lower courts are of check bounce. The bench has said that after eight weeks the bench of three judges will consider the automatic cognizance proceedings initiated for early disposal of check bounce cases. The apex court said that the issues it has not considered will be considered by a committee headed by former Bombay High Court judge Justice RC Chavan. The apex court constituted this committee on 10 March and asked the committee to file a report within three months to explain what steps should be taken for early disposal of check bounce cases across the country.