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Nitin (Professional)     06 January 2010

Something should be done about it

Though Section 138 is to provide releif to people, who are stuck with dishnonoured cheque, actually, it takes more than 2-3 years before the Courts  even take cognozence of the offence. I understand that, the Courts should take cognizence of the offence, within 6 months from filing of case under Sec 138. I understand that some cases are pending for over three years. All Advocates should take up this matter with Law Ministry and ensure a equitable legislation should be passed for speedy justice.



Learning

 8 Replies


(Guest)

Already there is a legislation that Consumer Court cases should be disposed of within 90 days - Is it followed by any consumer forum in India?

sanyojanee deshmukh (Lawyer)     06 January 2010

 Yes we really need to do something about it...I am sorry Rao sir but it is our duty to  make it happen

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 January 2010

If we advocates decide to implement even present procedure honestly then also it can minimise the time spent unncessarily on the trial of the cases. Already we have plenty of laws but their implementation is like all other laws and latest of them is DV Act which has also started and reached to the lines of 125 Cr. PC.

 

Instead of new legislations, we require sppedy trial by making infrastructure, more judges, more courts, lesser litigation, strengthing social fabric etc.

Parveen Kr. Aggarwal (Advocate)     06 January 2010

Section 143 of the Negotiable Instruments Act, 1881 provides as under:
" 143. Power of Court to try cases summarily. (1) .......

(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing.

(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint."

 

Nitin (Professional)     07 January 2010

How can a litigant invoke Sec. 143 and get releif ?

Parveen Kr. Aggarwal (Advocate)     07 January 2010

Nothing is to be done separately for invoking section 143. It is a mandate for the Magistrates trying a complaint in a cheque dishonour case and is applicable to all such cases automatically.


(Guest)

You may file an Application (Crl. M.P. in C.C.) u/s.143 N.I. Act praying for taking up your case under Summary Trial, since it was getting delayed. If your Petition is allowed by the magistrate, then your case will be put on the special list and taken up and disposed of expeditiously.

Isaac Gabriel (Advocate)     08 January 2010

The chief justice too has expressed anguish about the incresing incidence of cheque bounce cases and to resolve the issue through special initiatives.As the judiciary is concerned abount this your querry would be answered.


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