SC notice to Centre, states on pendency of cheque bounce cases
MDT/PTI 21 January 2013

In a PIL, the IBA has submitted that huge sum of money gets blocked due to pendency of such cases and there are about 50 lakh cheque bounce cases pending in various courts


New Delhi: Expressing concern over the huge backlog of cheque bounce cases in various courts, the Supreme Court on Monday sought a response from the Centre and all state governments to a plea for framing guidelines for their speedy disposal, reports PTI.

 

While seeking responses of various governments, a bench of justices KS Radhakrishnan and Deepak Misra said it is “very serious issue.”

 

The court gave the order while hearing a public interest litigation (PIL) filed by Indian Banks’ Association (IBA), which sought directions for speedy trial of cheque bounce cases alleging that there are around fifty lakh such cases pending in various courts.

 

Senior advocate Shyam Divan, appearing for the association submitted that the Delhi High Court had recently framed some guidelines for such cases and it should be implemented across the country.

 

The bench while issuing a notice to the Centre and the states asked the association to conduct proper research on the issue.

 

The petitioner, an association of 174 banks and financial institutions, submitted that huge sum of money gets blocked due to pendency of such large number of cases.

 

“Considering the alarming situation of the pendency of cases and the constitutional rights of a litigant for a speedy and fair trial, it is necessary that the confidence of the banking industry which is the custodian of public funds in commercial transactions is not shaken,” the petition said.

 

“Due to huge funds of the bank and in turn of the public being blocked in such protracted litigations, the banks are finding it difficult to carry out their banking functions and as such it is necessary that this court lays down appropriate and effective guidelines to enable the banks to deal with dishonour of cheque cases expeditiously,” the petition said.

Comments
Vaibhav Dhoka
1 decade ago
The PIL is eye opener for JUDICIARY.This is one area,but whole judicial procedures and accountability of both judge and lawyer need to be examined and changes made.The judges are not master in every field.Recently in Pune property acquisition by Pune municipal corporation many property owners got stay orders from civil courts and matter prolonged too long. Pune PMC court ruled that these courts have no jurisdiction to give injunction.In such case such cases be dismissed by circular or jurisdictional issue will delay the matter.So overhauling of judicial system is need of HOUR.
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