IN RE: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881 versus .

IN RE: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881 versus .

The Supreme Court directed a one-year pilot study (01.09.2022 to 31.08.2023) to test operationalisation of Special Courts for NI Act cases by employing retired judicial officers and retired court staff in 25 Special Courts (one in each of five identified districts in each of five high-pendency states), and issued detailed guidelines covering selection of cases, timelines for infrastructure and staffing, training, remuneration on contract, procedural safeguards, mediation referral, and data collection and reporting mechanisms.

Jurisdiction
India
Judgment Date
19 May 2022
Procedural Posture
Suo Motu Writ (criminal) No.2 of 2020 / Order Directing Pilot Study and Issuing Guidelines
Outcome
Pilot study ordered and guidelines issued for operationalising Special Courts under the NI Act using retired officers and staff
Legal Topics
Section 138, NI Act, Special NI Courts, Pilot Study for Court Operationalisation, Appointment of Retired Judicial and Administrative Officers, Case Management and Docket Reduction
Negotiable Instruments Act, 1881 Criminal Procedure Code, 1973 Criminal Law Court Administration Section 138, NI Act Special NI Courts Pilot Study for Court Operationalisation Appointment of Retired Judicial and Administrative Officers +1 more

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Procedural Posture

Suo Motu Writ (criminal) No.2 of 2020 / Order Directing Pilot Study and Issuing Guidelines

Legal Issues

  1. 1 Whether de novo Special NI Courts should be created by the Central Government to tackle docket explosion
  2. 2 Whether retired judicial/administrative officers and retired court staff can be appointed to operationalise Special Courts under the NI Act
  3. 3 How a pilot study to test the scheme of employing retired officers should be structured and monitored

Ratio Decidendi

The Supreme Court directed a one-year pilot study (01.09.2022 to 31.08.2023) to test operationalisation of Special Courts for NI Act cases by employing retired judicial officers and retired court staff in 25 Special Courts (one in each of five identified districts in each of five high-pendency states), and issued detailed guidelines covering selection of cases, timelines for infrastructure and staffing, training, remuneration on contract, procedural safeguards, mediation referral, and data collection and reporting mechanisms.

Court Disposition

Pilot study ordered and guidelines issued for operationalising Special Courts under the NI Act using retired officers and staff

Orders

  • Pilot study to be conducted for one year from 01.09.2022 to 31.08.2023.
  • Total of 25 Special Courts to be established: one Special Court in each of the five identified judicial districts in each of the five High Courts/states with highest pendency (Maharashtra, Rajasthan, Gujarat, Delhi, Uttar Pradesh).