HC asks Maha to serve summons by post to reduce pending cases

Mumbai: In a move to bring down the huge pendency of cases of cheque bounce, the Bombay High Court has asked Maharashtra Government to amend laws to provide for serving warrants and summons to accused and witnesses through registered post, in addition to the procedure followed by the police machinery.

"We are of the view that as and by way of a special drive, the Director General of Police should ensure that all pending summons and warrants are served expeditiously in the State of Maharashtra," said a bench of Justices V M Kanade and Swapna Joshi in their recent order.

"We would like to recommend to the State Government, if it is possible, to amend the Criminal Procedure Code, 1973 and make an exception in respect of (cheque bouncing) cases under Section 138 of the Negotiable Instruments Act by making necessary amendment to permit service of summons either by Registered Post A.D, in addition to the service of summons through the police machinery," the bench added.

"The State Government may consider the suggestion since it has been established that if the summonses are served promptly, the pendency of the cases will be reduced practically," the bench said while hearing a public interest litigation filed by Vivek Vittal Mahamuni.