Bombay High Court suggests amending law on warrants

The Bombay high court has recommended to the Maharashtra government to amend laws so as to enable serving of warrants and summons to an accused or witnesses through registered post, apart from by policemen as per the existing system. This, it said, would expedite the process of issuing summons in cheque-bouncing cases.

“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 to (cheque bouncing) cases under Section 138 of the Negotiable Instruments Act by making necessary amendments to permit service of summons either by Registered Post A.D, in addition to the service of summons through the police machinery,” said a division bench of Justice V.M. Kanade and Justice Swapana Joshi.

“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 Mahamuni.

The petitioner made a grievance that warrants and summonses, which are issued by the court, particularly in cases filed under Section 138 of the Negotiable Instruments Act, 1881, are not served on time.

The high court had therefore given directions to the respondents earlier to create machinery for the service of warrants and summonses to the accused. The report, however, is awaited.

Public prosecutor J.P. Yagnik informed the court that a meeting of top officials of the police department was held on June 23 this year on the issue wherein it was resolved to delegate the job of serving summons and writs to the postal authority, as police machinery is already over-burdened with other work.

The court then asked the state government to bring about an amendment in laws to provide for serving of summons by registered post.