Delhi HC seeks List of Cases Adjourned under Sec. 138 of NI Act due to Non-Traceability.

Paridhi Arya

Published on June 3, 2022 at 13:45 IST

The Bench of Justice Talwant Singh asked Principal District and Session Judge (Headquarters) to furnish in Court a consolidated list of cases pending or adjourned sine die (means case adjourned for indefinite period) under Section 138 of NI Act because Proclaimed offenders cannot not be traceable.

The Court ordered the completion of the task in summer vacation by constituting a committee and stated that the list should be submitted at least two weeks prior the next hearing that is on July 28, 2022.

The Court observed that the information about the Proclaimed offender should be published in public domain so that the common people can help by giving information regarding their whereabouts and they can be brought to face trial.

The report filed by Principal District and Session Judge (Headquarters) is vague.

“The specific query to be answered is as to how many persons have been declared as Proclaimed offenders/Proclaimed offenders in complaint cases under section 138, NI Act till date and as to whether any consolidated list is being maintained by respective Court or the offices of restrictive Principal District and Sessions Judges or whether any such list has been ever forwarded to the local Police for apprehending the said Proclaimed offenders/Proclaimed offenders” the Court said.

Therefore, the Court asked to prepare a list in court wise manner.

“Same exercise is also done in respect of other criminal complaints/cases sending in Courts,” it added.

The consolidated list should also be sent to DGP, Legal so that coordinated efforts can be taken and steps can be suggested.

“Learned Principal District and Session Judge may call a meeting of all concerned officers/officials including the DGP, Legal for this purpose,” Court directed.

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