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Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): Adarsh Kumar Goel, Uday Umesh Lalit , JJ

(A) Criminal P.C. (2 of 1974) , S.205, S.204, S.206, S.260— Negotiable Instruments Act (26 of 1881) , S.138, S.143— Dispensing with personal appearance - Dishonour of cheques - Online procedure - Complaint filed online - Process issued online - Accused paying specified amount online - Presence of accused can be dispensed with. Having regard to magnitude of challenge posed by cases filed under Section 138 of Act, which constitute about 20% of total number of cases filed in Courts (as per 213th Report of the Law Commission), there appears to be need to consider categories of cases which can be partly or entirely concluded 'online' without physical presence of parties by simplifying procedures where seriously disputed questions are not required to be adjudicated. Atleast some number of S. 138 cases can be decided online. If complaint with affidavits and documents can be filed online, process issued online and accused pays specified amount online, it may obviate the need for personal appearance of complainant or accused. Only if accused contests, need for appearance of parties may arise which may be through counsel and wherever viable, video conferencing can be used. Personal appearances can be dispensed with on suitable self operating conditions. Following aspects emerge: (i) Offence u/S. 138 of Act is primarily civil wrong. Burden....