Negotiable Instruments Act, 1881; S. 138 ------ Compounding the offence under Section 138 of the Negotiable Instruments Act, 1881 (the Act) on payment of the cheque amount and in the alternative for...
Read MoreNegotiable Instruments Act, 1881; S. 138 ------ Compounding the offence under Section 138 of the Negotiable Instruments Act, 1881 (the Act) on payment of the cheque amount and in the alternative for exemption from personal appearance ----- Held that where the cheque amount with interest and cost as assessed by the Court is paid by a specified date, the Court is entitled to close the proceedings in exercise of its powers under Section 143 of the Act read with Section 258 Cr.P.C.
Negotiable Instruments Act, 1881; S. 138 ------ Service of summons ----- Mode of ----- The service of summons can be by post/e-mail/courier and ought to be properly monitored (Para 16).
Negotiable Instruments Act, 1881; S. 138 ------ Implementation of technology ----- Use of modern technology needs to be considered not only for paperless courts but also to reduce overcrowding of courts ----- There appears to be need to consider categories of cases which can be partly or entirely concluded “online” without physical presence of the parties by simplifying procedures where seriously disputed questions are not required to be adjudicated. Traffic challans may perhaps be one such category ----- Atleast some number of Section 138 cases can be decided online ----- If complaint with affidavits and documents can be filed online, process issued online and accused pays the specified amount online, it may obviate the need for personal appearance of the complainant or the accused ----- Only if the accused contests, need for appearance of parties may arise which may be through counsel and wherever viable, video conferencing can be used ----- Personal appearances can be dispensed with on suitable self operating conditions. (Para 17)
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