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1.3

Over the years there have been many important changes in the

cheques

are

issued/bounced/dealt

with.

Commercial

globalization

way has

resulted in giving big boost commerce and trade use of bouncing disputes.

to our country. With the rapid cheque also increased and so

increase in the cheque

1.4

Inclusion of additional forms of crime, for example, section 138 cases

under the Negotiable Instruments Act or section 498A cases under the Indian Penal Code, contributed a large number of cases in the criminal courts. To deal with these types of cases we do not have additional number of courts, we do not have additional infrastructure. In many States sufficient budgetary

provisions are not made for improving the infrastructure of courts, including additional improvement of existing complexes.3

the subordinate courts, court

1.5

Over 38 lac cheque bouncing cases are pending in various courts in

the country.4 There are 7,66,974 cases pending in criminal courts in Delhi at the Magisterial level as on 1st June, 2008. Out of this huge workload, a

substantial

portion is

Instruments

Act which

of cases under section 138 alone count for 5,14,433 cases

of the

Negotiable

(cheque

bouncing).5

According to Gujarat High Court sources, there are approximately cheque bouncing cases all over the State, with the majority of them

two lac (84,000

Presidential address by Hon’ble Mr. Justice K. G. Balakrishnan, CJI , at National Seminar on Delay in Administration of Criminal Justice System, 17.03.2007, Vigyan Bhavan, New Delhi [http://supremecourtofindia.nic.in speeches-2007]. 3

The Hindustan Times, New Delhi, 14.10.2008. Speech delivered by Hon’ble Mr. Justice Ajit Prakash Shah, Chief Justice, Delhi High Court, at the inaugural of Dwarka Courts Complex, on 6th September, 2008. 4 5

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