In order to reduce pendency of cheque bounce cases which have reached 35 lakh across courts, the Supreme Court on Thursday asked the Centre whether it can create additional courts for expeditious disposal of such matters.
A bench of Chief Justice S A Bobde and Justices L Nageswara Rao and S Ravindra Bhat asked Additional Solicitor General Vikramjit Banerjee to inform it by next week whether the central government was willing to create additional courts under Article 247 for speedy disposal of cases under Negotiable Instrument Act (NI ACT).
Banerjee said he would seek instruction and inform the court by next date of hearing.
Article 247 of the Constitution gives power to Parliament to establish certain additional courts for the better administration of laws made by it or of any existing laws with respect to a matter enumerated in the Union List.
The top court was hearing a suo motu case to work out a mechanism for expeditious and just adjudication of cases relating to dishonour of cheques, fulfilling the mandate of law and reduce high pendency.
The bench told Banerjee and senior advocate Siddharth Luthra, appointed as amicus curiae in the matter, that there are certain judgements which say the legislature is duty bound to conduct an impact assessment before creating of a new offence under the law.
It sought to know whether the government was under obligation for
establishing additional curts to deal with cases under the NI Act, which is a central law. Luthra gave certain suggestions to the court for evolving a mechanism for speedy disposal of such cases including sending of summons electronically through e-mail or social media.