have already posted it. Herewith again what Justice Bhandari said. Herewith
And Industries Ltd., (Formerly Known As Krishna Texport Industries Ltd.), A
Duly Incorporated Under The Companies Act, 1956 vs Mannalal Khandelwal
The State Of Maharashtra Through The Office Of The Government Pleader
Mr. Vijay Agarwal, President on 1/2/2005
Dalveer Bhandari, C.J.
40. Immediately after the presence of the accused is secured, an option be
given to him whether, at that stage, he would be willing to pay the amount due,
along with reasonable interest, and the Court may consider passing suitable
order. But where the accused is not willing to pay the principal amount with
interest even at that stage, the Court may fix up the case at an early date,
and ensure day to day trial of the case. In order to accomplish the underlying
object of the Act, we deem it appropriate to pass the following directions:
33 (a) Experience reveals that enormous time is spent at the stage of summoning
/ serving the accused. The Court must adopt pragmatic methods and must serve
them by all possible means of service, including Email. The Court would be
justified, in appropriate cases, to take the help of concerned police station
for the service on the accused. The Court should avoid giving long dates.
the Court must repeatedly issue summons to secure the presence of the accused.
The Court must ensure that the accused are not permitted to abuse the system.
(b) The Court concerned must ensure that examination in chief, cross
examination and reexamination of the complainant must be concluded within three
months of assigning the case. The Court has option of accepting affidavits of
the witnesses, instead of examining them in Court. Witnesses to the complaint
and accused must be available for cross examination as and when there is
direction to this effect by the Court.
(c) Complaints must be disposed of as expeditiously as possible, and in any
event, within six months from the date when the presence of the accused has
been secured. In case the concerned judicial officer is not able to dispose of
the complaint within six months, then, the concerned judicial officer must
submit a report to the concerned Sessions Judge, indicating the reasons which
led to delay in disposal of the complaint. The report submitted by the
officer shall be taken into consideration while evaluating the performance of
the concerned judicial officer.
(d) Every judicial officer must ensure that at least four cases in a month are
disposed of by reasoned judgments.
(e) The trial of these
complaint cases under Section 138 of the Act be continued from day to day until
(f) The complainant must ensure that the legislative intention is carried out
in dealing with complaints under Section 138 of the Act.
(g) The Registrar General is directed to monitor that directions given by the
Court are scrupulously followed. A comprehensive quarterly report be submitted
to this Court indicating whether directions of this Court are followed.
41. All these petitions are accordingly disposed of. Rule is partly made
absolute in Criminal Writ Petition No. 1228 of 2004. All intervention
applications stand disposed of.
42. These petitions would, however, be listed on 1 st March, 2005 only to ensure
compliance of our judgment, as mentioned below.
43. We would like to place on record that presently, there are 727 posts of
Civil Judges, Junior Division, in the State of Maharashtra. The entire process
of filling these vacancies is complete, as far as this Court is concerned. The
Civil Judges, Junior Division, and Metropolitan Magistrates are already
overworked; and giving them additional burden may not yield any fruitful and
results. About 4 lakh complaints under Section 138 of the Act are pending in
various Courts. According to the legislative intention, these complaints must
be disposed of expeditiously. The only way to achieve this object is to have
larger number of judicial officers. Therefore, in the larger interest of
justice, it has become absolutely imperative to create at least 100 additional
posts of Judicial Officers in the Cadre of Civil Judges, Junior Division, in
the State of Maharashtra.
44. We direct the Chief Secretary of the State of Maharashtra to ensure that
100 additional posts of Civil Judges, Junior Division, and their supporting
staff are created forthwith, and in any event, within two months from today.
45.Even after receiving sanction from the State, to complete the entire
process, at least time of few months would be required.
45. Therefore, looking to the urgency of these matters, we direct the Registrar
General to appoint following judicial officers in various cities of Maharashtra
to deal with cases under Section 138 of the Act exclusively:
No. District No. of officers
1 Mumbai 15
2 Pune 12
3 Nagpur 4
4 Ahmednagar 2
5 Aurangabad 1
6 Nashik 2
7 Kolhapur 1
8 Solapur 1
9 Thane 2
46. The Registrar General is directed to post the officers as enumerated in
preceding paragraph within two weeks.
47. We direct that the copies of this judgment be sent to the Chief Secretary
and the Law Secretary of the State of Maharashtra within three days for
48. These petitions are disposed of. These petitions would be listed on 1 st
March, 2005 for limited purpose of ensuring the compliance of our judgment.
submitted an appln under RTI to Mumbai HC to find out how the order of Justice
Bhandari has been implemented. You will notice from the above that the Judge
had also asked the Registrar of HC and also the Chief Secretary of Maharashtra
Govt to take action on the order.
PIO of HC has informed me and I quote:
in respect of judicial proceedings or records can not be supplied under the RTI
Act, 2005. But you may obtain the said information as per the procedure
prescribed in the Bombay High Court Rules and Orders.
not asking for judicial proceedings but action taken by the Registrar on the
Judge’s order. The rest is history.