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Decide on dud cheque cases in three months, Supreme Court orders magistrates

Magistrate courts across the country should decide on cheque bouncing cases in three months, the Supreme Court has directed.

The SC has also directed magistrates to scrutinize cheque bouncing complaints on the day they are lodged, if the documents attached are in order, and issue summons immediately.

The Indian Banks' Association had moved the SC seeking directions to magistrates to adopt policy and legislative changes for cheque bouncing cases. The banks had alleged that due to the delay in disposing of such cases, they find it difficult to recover the blocked money.

The SC has also observed that summons must be properly addressed and sent by post and email. In appropriate cases, magistrates may take the assistance of police or nearby courts to serve notices. While a short date should be fixed for notice of appearance, if the summons is unserved, immediate follow-up action should be taken, the SC said.

The SC has clarified that in the summons, magistrates may indicate that if the accused makes an application for compounding of offences at the first hearing, it may pass appropriate orders at the earliest. Magistrates can also accept affidavits of witnesses, instead of examining them in court.

 Article referred: http://timesofindia.indiatimes.com/city/mumbai/Decide-on-dud-cheque-cases-in-three-months-Supreme-Court-orders-magistrates/articleshow/34746219.cms

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