Mumbai, The Bombay High Court has demanded the Maharashtra Government to rectify laws for serving summons and warrants to witnesses and accused through the registered post, in extension to the process followed by the police machinery.
The bench consisting of Justices Swapna Joshi and V M Kanade quoted that ‘we are of the outlook that as and by way of a specified drive, the Director General of Police should assure that all pending warrants and summons are served actively in the State of Maharashtra.
They also said that we would like to advice to the State Government, if possible to rectify the Criminal Procedure Code, 1973 and make a belief in that matter of Cheque bouncing cases Under 138 Section of the Negotiable Instruments Act by preparing necessary amendment to grant service of summons to the service of summons through the police machinery, in addition to Registered Post A.D.
While hearing the PIL filed by Vivek Vittal Mahamuni, the bench said that the State Government may grant the suggestion since it has been settled that if the summon is served quickly the cases will be reduced practically.
The claimant made a complaint that the summonses and warrants, which are issued by the Bombay High Court especially in cases which are filed under Section 138 of the Negotiable Instruments Act 1881, are not provided on time.
The High court had thus given guidance to the respondents previously to create machinery for the services of summonses and warrants to the charged. The result is yet to be declared.
However, J P Yagnik, Public Prosecutor claimed to the court that this year, a meeting has been held with the top officials of police department on June 23 on the matter where in it was concluded to appoint the job of serving the writs and summonses to the postal government, since the police system is already over- loaded with other work.
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