The Delhi High Court has blamed Metropolitan Magistrates for the pending cases of cheque bounce in subordinate courts.
Issuing a series of directions, Justice S.N. Dhingra said in most cases, Magistrates did not summarily dispose of these, as should be the norm. He said the magistrates have violated the provisions of the Criminal Procedure Code (CrPC) and Negotiable Instruments Act.
“The procedure being adopted by the Metropolitan Magistrates is totally contrary to the provisions of the CrPC and NI Act.
Presently, after summoning the accused, the complainant and witnesses are asked to re-appear and give evidence again, and cases keep on lingering for complainants' evidence, for years together,” the court said.
The court said that unless the court considered the punishment in a case should be more than a year, it should not deviate from the procedure of summary trial.
The high court made it clear that the lower courts cannot ask the accused to appear again and again, and defend themselves through affidavits and documents.