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Not enough courts to deal with cheque bouncing cases




In India, the pendency of cases with the judicial system is a joke. When high profile cases such as terrorism cases, as well as political cases dealing with judicial review of actions by Governors or speakers can take a long time to come to a decision, what would be the case of trials where is no high profile involvement ? The typical time period for cases to come to a decision is normally years, sometimes going upto decades. And as we add more economic crimes to the caseload, where there are more technicalities, the situation gets more problematic.
A few days back, the law minister talked about revamping matters by adding more judges, more infrastructure so that this huge backload of cases can be reduced, until we get to an ideal case where trials come to a decision in less than an year for all cases (why I mention this term ‘all cases’ is because there have been special fast track cases for heinous crimes where the judgments have come in the case of a few months, through a policy where the trial happens on a day to day basis). However, just the provision of some night sittings, and declaration of fast track trials is not enough.
For a review of the judicial system, there have been many solutions suggested, but so far, one does not know whether all of them put together will end up reducing some of the caseload to a manageable level:


– Fill up all the vacancies at the various judicial levels in the country
– Add more cases and infrastructure at a much enhanced level
– Introduce a system of plea bargains so that cases can be settled much earlier (and also allow out of court settlements)
– The Government is a litigant in a huge number of cases, and need to take steps to settle the more trivial cases (I remember reading recently where there was a case dealing with a Re1. fine from many years back)
– Add more specialized cases
In line with the specialized cases, consider the situation in Maharashtra where the Bombay High Court claimed that there are just not enough judges to deal with the situation (link to article). The situation can be considered as indicating the general problem:

The Bombay High Court has asked the Maharashtra government what it is going to do to ensure faster disposal of cheque bouncing cases. In Mumbai alone, some three lakh cheque-bouncing cases are currently pending and there are only 23 special magistrate courts to deal with these cases.
Additional government pleader Anand Patil informed the court that government has framed the rules for setting up evening courts in the state, which would help reduce the growing pendency. The judges pointed out that evening court would not be dealing with cheque bouncing cases exclusively. Further, the judges also expressed apprehension about practicability of setting up evening court without recruiting additional staff.

The situation is symptomatic of the overall problem, where the Government seems to be trying short fixes without a comprehensive program.




1 comment to Not enough courts to deal with cheque bouncing cases

  • We must have courts to deal with such kind of frauds. Also i’d mention that we must have courts to deal with the frauds done by the ministers. There’s an ocean of fraud cases out there. While doing my little research, this is what I found out ..

    You may check it out if you like …

    http://bit.ly/yUivj

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