S.138 NI Act: Delhi High Court Seeks List Of Cases Pending Or Adjourned Sine Die Due To Non-Traceability Of Proclaimed Offenders

The Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned sine die under sec. 138 of Negotiable Instruments Act, 1881 due to the reason that the Proclaimed Offenders were not traceable.

Justice Talwant Singh requested the Principal District and Sessions Judge (Headquarters) to constitute a committee to accomplish the said task during summer vacations while ordering that the compliance report along with the list of the Proclaimed Offenders be sent in consolidated form to the Court at least two weeks before July 28, the next date of hearing.

The Court had earlier called for a detailed report suggesting ways to streamline the system so that the names and particulars of the persons who have been declared as proclaimed offenders or proclaimed persons in police cases as well as in complaint cases are published in public domain so that further steps may be taken to bring such persons before respective Courts to face trials.

The Court was of the view that the names of the proclaimed offenders or proclaimed persons should be there in public domain so that any concerned citizen may be able to assist the police as to the whereabouts of the said persons and that it will also help the State in taking further steps to ensure that they are brought before the Courts.

The Court had then directed that the said report be filed by DCP, Legal as well as by the Principal District and Sessions Judge (Headquarters).

Accordingly, a report was received from the office of learned Principal and District and Sessions Judge (HQ). However, the Court was of the view that it was quite vague.

"The specific query to be answered is as to how many persons have been declared as Proclaimed Offenders/Proclaimed Offenders in complaint cases, specially in cases under Section 138, NI Act till date and as to whether any consolidated list is being maintained by respective Courts or the offices of respective 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 directed that the said exercise be done during the vacations and the files be examined, proper list be prepared Court-wise, and thereafter, the said lists be sent to High Court before the next date of hearing.

"Same exercise be also done in respect of other criminal complaints/cases sending in Courts," it added.

The Court also directed that the consolidated list be also sent to DCP, Legal for further action at the end of Delhi Police.

It added that the DCP, Legal may approach the office of Principal District and Sessions Judge, so that a coordinate effort be made in this regard and appropriate steps may be suggested.

"Learned Principal District and Sessions Judge may call a meeting of all concerned officers/officials including the DCP, Legal for this purpose," the Court directed.

The matter will now be heard on July 28.

Case Title: NEETU SINGH v. STATE OF NCT OF DELHI

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