the country is suffering a serious setback. Dishonour of cheque by a Bank causes incalculable loss, injury and inconvenience to the payee and the credibility of issuance of cheque is also being eroded to a large extent. The very purpose of the above amendments made in the Act for speedy disposal of dishonoured cheque cases is being lost.
The Law Commission undertook this subject suo motu in view of the above circumstances and in pursuance of one of its terms of reference “to suggest suitable measures for quick redressal of citizens grievances, in the field of law”. The Commission examined the subject thoroughly along with the right to speedy trial. The study indicates that there is an urgent need to ensure restoration of the credibility of the instrument/trade/business/commerce and, of course, fundamental right to speedy trial, to ensure that genuine and honest citizens/commercial community is not harassed or put to inconvenience. Hence, we recommend setting up of Fast Track Courts at Magisterial level to deal with the huge pendency of dishonoured cheque cases.
We hope that the recommendations made in this report will serve the purpose and object of section 138 of the Act.
With warm regards,
Dr. H.R. Bhardwaj, Union Minister for Law and Justice, Government of India, Shastri Bhawan, New Delhi-110 001