In Re: Expeditious Trial of S.138 NI Act Cases
Supreme Court of India2021 SCC OnLine SC 262Bench: J. S.A. Bobde (CJI), J. L. Nageswara Rao, J. S. Ravindra Bhat
The Supreme Court issued comprehensive directions: (1) Use of video-conferencing for recording of evidence, appearance of accused, and arguments in S.138 cases is directed — physical presence of accused not required for every hearing; (2) Service of summons in S.138 cases may be made by WhatsApp, e-mail, or other instant messaging services as an additional/simultaneous mode of service, alongside traditional postal service; (3) Trial courts must aim to dispose of S.138 cases within 6 months from the date of service of summons; (4) High Courts are directed to constitute special sessions for S.138 cases and assign dedicated magistrates in courts with more than 100 pending S.138 cases; (5) Plea-bargaining under Chapter XXIIA CrPC should be actively encouraged by magistrates in S.138 cases; (6) National Judicial Data Grid data on S.138 pendency must be maintained and monitored by High Courts. The matter was kept alive for compliance monitoring.