Punjab and Haryana High Court for more special courts to expedite NI Act trials amid rising pendency

The Punjab and Haryana High Court has called for the establishment of additional special courts in the states of Punjab and Haryana, along with UT Chandigarh, to address the growing pendency of matters under the Negotiable Instruments (NI) Act, such as cheque bounce cases. Taking a note of the delay in trials across the region despite the existence of dedicated courts, the bench asserted that the backlog was impeding the timely resolution of cases.

The bench of Justice Sureshwar Thakur and Sudeepti Sharma asserted it was essential to address the fact that there had been a significant increase in the pendency of cases, despite the establishment of special courts for the trial of matters under the NI Act. The backlog before the special courts, the bench asserted, had resulted in delays in conducting expeditious trials for matters instituted under the NI Act.

“Despite special courts being created for trial of cases under the NI Act, yet given the increased pendency of cases of the genre… there is delay in the makings of expeditious trials qua cases instituted under the NI Act,” the bench asserted, while underscoring the urgent need to address the backlog affecting the judicial process.

The direction is significant as it calls for additional action to ensure timely justice in cheque dishonour cases, enhancing in the process the efficacy of the legal framework governing negotiable instruments. In its detailed order, the bench made it clear that the delay in trials might ultimately be capitalised by the complainants seeking orders under Section 143A of the NI Act, which allowed interim compensation. “Since the factor of delay is also one of the factors to be considered by the trial judge(s) concerned while passing decisions upon applications cast under Section 143-A of the NI Act, there may be a necessity of additions being made to the already existing strength of special courts,” the bench observed

Before parting with the matter, the bench asserted: “The verdict of this court be placed before the Chief Justice for such action, as deemed fit.” This direction highlights the urgency of implementing measures to enhance the capacity of the judiciary in handling NI Act cases effectively.