LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/in-re-expeditious-trial-of-cases-under-section-138-of-n-i-act-1881-vs-20220519/ · Printed 07 Nov 2026
Criminal · Reportable judgment

In Re: Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 vs .

Court
Supreme Court of India
Date
19 May 2022
Case No.
Suo Motu Writ (Criminal) No. 2 of 2020
Bench
L. Nageswara Rao, Bhushan Ramkrishna Gavai, S. Ravindra Bhat
Citation
[2022] 3 S.C.R. 276 : 2021 INSC 257
Supreme Court Reports [2022] 3 S.C.R. 276 : 2021 INSC 257
Headnote

Negotiable Instruments Act, 1881 – s.138 – Supreme Court had issued various directions with respect to conduct of trials of complaints u/s.138 – Expert Committee was constituted to consider suggestions with respect to streamlining the procedure of arresting the judicial docket, in regard to complaints and trials for offences under the NI Act – The Expert Committee suggested creation of de novo Special NI Courts by the Central Government to tackle the problem of docket explosion – The amici curiae however urged, that the suggestion of creation of special courts with the proposed staffing pattern may not be feasible or practical, as it would not be possible to immediately establish denovo courts and recruit fresh candidates and support staff – It was urged by the amici curiae that the option of appointing retired judicial / administrative officers who have worked and discharged quasi-judicial functions as Special Judicial / Metropolitan Magistrates for a fixed pay be explored – Amici curiae suggested a pilot study to test the scheme of employing retired judicial officers and retired court staff to operationalise the Special Courts under the NI Act in 5 judicial districts with the highest pendency in the 5 states with the highest pendency (namely, Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh) – Having considered the suggestions made by the amici, Supreme Court directed a pilot study to be conducted in the manner indicated – Guidelines covering the pilot study, under various headings, delineated.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by S. RAVINDRA BHAT, J. 1. By a judgment of the Constitution Bench of this Court in Re: Expeditious Trial of Cases under Section 138 of N.I. Act, 1881 1 various directions were issued with respect to the conduct of trials of complaints under Section 138 of the Negotiable Instruments Act. 2. This court by its subsequent order dated 31.03.2021 had required High Courts to file status reports indicating compliance with the directions contained in the judgment and as to whether rules were framed appropriately in line with the judgment. Similarly, the necessary a
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →