Special courts adjudicate only in those cases in which summons has been duly served and the accused appear in person or by a lawyer.
Highlight
- Special courts have been set up to study check bounce cases
- Check bounce cases were highest in Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh
- Special courts pass judgment only in cases in which summons has been duly served.
In the backdrop of over 33 lakh check bounce cases that put a burden on the judicial docket, the Supreme Court on Thursday set up a pilot to set up 25 special courts headed by retired judicial officers in states to deal with these cases. The study was approved. of Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh.
A bench of Justices L Nageswara Rao, BR Gavai and S Ravindra Bhat said: “The pilot study will be conducted for a period of 1 year from September 1, 2022 to August 31, 2023. The pilot study will be conducted in 25 total special courts. A special court will be set up in each of the 5 judicial districts, which have been identified as having the highest pendency by each of the five High Courts of the States with the highest pendency of NI Act cases.
25 special courts will be set up in five districts of Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh, where check bounce cases are most pending. The bench said it would take another decision on expanding it across the country after evaluating its performance for one year.
“For the operation of special courts under this pilot study, retired judicial officers and retired court staff, preferably those who have retired within the last 5 years, may be employed. The concerned High Court will ensure that during this period No vacancy should be created.” Bench added.
It said that special courts will pronounce judgment only in cases in which summons has been duly served and the accused have appeared in person or in person. The bench said, “The oldest pending cases in which service of summons has been completed should be identified in chronological manner (oldest first). It should be ensured that any case where service of summons is incomplete, does not go to the special courts.” Is sent.”
“Special courts established for pilot study shall follow the same procedure in respect of trial as mandated by the Code of Criminal Procedure, 1973. In order to ensure speedy disposal of cases, adjournments should not be granted regularly, especially on grounds of Lack of notice. Further examination of outside witnesses may be conducted online by following appropriate protocol so as to avoid delay in trial due to movement of witnesses.”
The bench said its Secretary General shall ensure that a copy of the present order is sent directly to the Registrar General of the above five High Courts, who shall place it before the Chief Justice for immediate action. “To report the progress and compliance, each of the said five High Courts shall file an affidavit on or before July 21, 2022. List on July 26, 2022 for review of further proceedings.”
Read also | Pegasus controversy: Supreme Court gives probe panel more time to submit report
Read also | Supreme Court approves OBC reservation in Madhya Pradesh Panchayat elections