Lok Sabha Question No. 4190 (UNSTARRED), answered on 2024-12-20
Subject: Pending  Cheque Bounce Cases
Ministry: LAW AND JUSTICE
Asked by: Shri Ashok Kumar Rawat

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. †4190 TO BE ANSWERED ON FRIDAY, THE 20TH DECEMBER, 2024

## PENDING CHEQUE BOUNCE CASES

## †4190. SHRI ASHOK KUMAR RAWAT:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the number of cheque bounce cases pending in various courts across the country;
- (b)  whether  a  separate  category  has  been  made  to  deal  with  the  pending cheque bounce andany special scheme has been formulated/being formulated for speedy settlement and redressalof the said cases;
- (c) if so, the current status of said cases and the reasons for their pendency; and
- (d) whether any steps are being taken for speedy settlement of such cases?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

- (a): As per the information available on National Judicial Data Grid (NJDG), the  details  of  State/UT  wise  cases  pending  under  Negotiable  Instrument  Act across the country is at Annexure-I.
- (b) to (d): The cheque bounce cases are dealt undersection 138 of NI Act. The disposal  of  cases  in  courts  is  contingent  upon  several  factors  which,  inter-alia, include availability of physical infrastructure and supporting court staff,

complexity of facts involved, nature of evidence, co-operation of stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures. Other factors that lead to the delay in the disposal of cases include lack of prescribed timeframe by respective courts for disposal of various kinds  of  cases,  frequent  adjournments  and  lack  of  adequate  arrangement  to monitor, track and bunch cases for hearing.

Indian  Bank  Association  along  with  other  petitioners  had  filed  a  Writ Petition (W.P. (Civil) No. 18 of 2013) before the Hon'ble Supreme Court, interalia,  seeking  issue  of  appropriate  guidelines/directions  from  the  Court  for ensuring strict adherence to the summary procedure prescribed under section 143 of  Negotiable  Instruments  Act,  1881  (NI  Act).  While  deciding  this  case,  the Hon'ble Supreme Court of India has issued detailed guidelines to all the criminal courts for dealing with NI Act cases.

In  Suo  Moto  WP  (Crl)  No.  2/2020,  the  Hon'ble  Supreme  Court considered the delay in the disposal of cases under the Negotiable Instruments Act which is creating logjam in courts at all levels, particularly, the Trial Courts and the High Courts. The Hon'ble Supreme Court vide order dated 10.03.2021, inter-alia,  ordered  to  constitute  a  10-member  Committee  with  the  objective  of submitting a report specifying the steps that must be taken in order to facilitate an early disposal of cases under the Negotiable Instruments Act.

The  Committee  submitted  its  Report  to  the  Hon'ble  Court,  wherein  it, inter alia, also suggested the creation of de novo Special Negotiable Instruments Court.  The  Amici  Curiae  in  the  matter  suggested  a  pilot  study,  in  5  judicial districts  with  the  highest  pendency  in  the  5  states  with  the  highest  pendency (namely, Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh) so that the viability of the scheme can be examined based on the results of the pilot study. Thereafter,  vide  its  orderdated  19.05.2022,  the  Hon'ble  Supreme  Court  has directed that the pilot study shall be conducted in the manner indicated in the said order for a duration of 1 year from 01.09.2022 to 31.08.2023. It will be conducted

in  25  Special  Courts  in  total,  with  one  Special  Court  in  each  of  the  5  judicial districts  which  have  been  identified  as  having  the  highest  pendency  of  NI  Act cases by each of the five High Courts mentioned above.

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## Annexure-I

## STATEMENT REFERRED TO IN REPLY TO PART (A) OF LOK SABHA UNSTARRED  QUESTION  NO. †4190 FOR ANSWER  ON  20.12.2024 REGARDING 'PENDING CHEQUE BOUNCE CASES'.

The number of cases under Negotiable Instrument Act across the country as on 18.12.2024

| Sr No.   | Name of the State                       |   Pending Cases |
|----------|-----------------------------------------|-----------------|
| 1        | Rajasthan                               |          641898 |
| 2        | Maharashtra                             |          589836 |
| 3        | Gujarat                                 |          473236 |
| 4        | Delhi                                   |          454653 |
| 5        | Uttar Pradesh                           |          376298 |
| 6        | West Bengal                             |          286191 |
| 7        | Haryana                                 |          240843 |
| 8        | Madhya Pradesh                          |          192120 |
| 9        | Tamil Nadu                              |          151932 |
| 10       | Punjab                                  |          150357 |
| 11       | Karnataka                               |          126640 |
| 12       | Kerala                                  |          120251 |
| 13       | Chhattisgarh                            |           66446 |
| 14       | Odisha                                  |           63868 |
| 15       | Andhra Pradesh                          |           61669 |
| 16       | Himachal Pradesh                        |           56613 |
| 17       | Bihar                                   |           53247 |
| 18       | Telangana                               |           49853 |
| 19       | Uttarakhand                             |           48216 |
| 20       | Jharkhand                               |           35646 |
| 21       | Chandigarh                              |           25437 |
| 22       | Assam                                   |           21394 |
| 23       | Goa                                     |           11314 |
| 24       | Puducherry                              |            6035 |
| 25       | Dadar and Nagar Haveliand Diu and Daman |            1417 |
| 26       | Tripura                                 |             409 |
| 27       | Arunachal Pradesh                       |              64 |
| 28       | Sikkim                                  |              20 |
| 29       | Nagaland                                |              16 |
| 30       | Lakshadweep                             |              13 |
|          | Total                                   |         4305932 |

Source: -Report as per statistics available on National Judicial Data Grid (NJDG) portal dated18.12.2024.