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facilities. The Government being the biggest litigant needs to be fully involved in the process and its officers need to take lead in this cause.52

6.

CONCLUSIONS AND RECOMMENDATIONS

6.1

Issuing

a

cheque

which

is

dishonoured

is

crime

in

India.

But

we

hardly see any people being punished for bouncing of cheques. People are dissuaded to trust bank cheques. This all because courts in India are awefully

overburdened with dishonoured cheque cases.

6.2

Legal experts are unanimous in their opinion that the present system

of criminal jurisprudence is destined to fail if the backlog of cases is not substantially reduced. Recently, the Law Commission of India mooted the concept of “plea-bargaining” – pre-trial negotiations between the accused and the prosecution in which if the accused agrees to plead guilty for the charges leveled against him he would get in exchange certain concessions as a quid pro quo, by taking a lenient view by the courts, particularly in cases

of lesser gravity.

Actually, the courts have been practically following such

a practice, for several years, now.

6.3

A speedy trial is not only required to give quick justice but it is also

an integral part of the fundamental right of life and liberty, as envisaged in

Article 21 of the Constitution of India.

6.4

The Law Commission of India is of the firm opinion that considering

the alarming situation of the pendency of cases and the constitutional rights Ibid. 52

38

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