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Time of India
08-07-2025
- Business
- Time of India
Lawyers call off hunger strike after assurance on digital court issue
New Delhi: Lawyers in Karkardooma courts called off their four-day hunger strike protesting the decision to shift the judges of 34 digital Negotiable Instruments Act courtrooms that hear cheque bounce cases from six court complexes in Delhi to the Rouse Avenue court complex. On Monday, after the coordination committee of all district courts bar associations of Delhi held a meeting with Delhi High Court chief justice Devendra Kumar Upadhyaya, the trial court lawyers decided to call off their strike. The decision came after a written assurance and request from Upadhyaya. "The chief justice took stock of the situation, requested members of the Karkardooma Bar to resume work forthwith and further assured that all issues and concerns relating to the functioning of digital courts shall be addressed at the earliest by the high court at the institutional level," stated a circular, dated July 7, by Delhi High Court registrar general Arun Bhardwaj. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi For a week, the lawyers in the court complex abstained from work as part of the protest. "The chief justice also conveyed to the coordination committee that he fully understands the situation and will take all possible steps to ensure that all courts function smoothly," the circular stated. Following this, the secretary of the Shahdara Bar Association, advocate Narveer Dabas, issued a notice. "In view of the written assurance and request of the chief justice, it has been unanimously resolved by the executive committee of Shahdara Bar Association (Regd)., by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Free P2,000 GCash eGift UnionBank Credit Card Apply Now Undo that all members of SBA (Regd.) shall resume work from 8 July," the notice said. According to a reply furnished by the Union law minister in Dec 2024, in Lok Sabha, Delhi ranked fourth in the top five Indian states in terms of cheque bounce case pendency — 4.54 lakh. On 30 May, this year, Upadhyaya inaugurated the 34 digital courts at Rouse Avenue Court complex to exclusively hear cases under the NI Act. However, only judges of these courts will operate from Rouse Avenue while the court staff — readers, ahlmads, and stenographers — will operate from their respective districts. Rooms have been allotted to these judges on the seventh floor of the Rouse Avenue court complex in central Delhi. The move was opposed by district court lawyers, including those from Karkardooma Courts, who flagged confusion in recording evidence, lack of virtual facilities, and connectivity issues as their main problems. Reasons to move the courts included optimal utilisation of available infrastructure and resources and inadequate space to justify the shift of judges of digital cheque bounce courts in the May 30 notification.
News18
07-07-2025
- Business
- News18
Supreme Court Rules Victim Can Appeal Acquittal Without Being Complainant
Last Updated: Court stressed that the term 'victim' must be interpreted broadly to include financial and legal injuries, reaffirming the principle in Mallikarjun Kodagali. The Supreme Court has ruled that a victim has the statutory right to appeal an acquittal under the proviso to Section 372 of the Code of Criminal Procedure (CrPC), even if they are not the original complainant in the case. A bench comprising Justices BV Nagarathna and Satish Chandra Sharma clarified that a victim, including a complainant in cheque bounce cases under Section 138 of the Negotiable Instruments Act, is not required to seek permission under Section 378(4) of the CrPC to file an appeal. 'If the complainant is not the victim and wishes to appeal, they would need to proceed under Section 378, which imposes certain preconditions. But where the complainant is the victim, they can appeal directly under the proviso to Section 372," the court explained. The ruling came in an appeal filed by M/s Celestium Financial, challenging a Madras High Court order dated June 12, 2024, that had dismissed their plea for leave to appeal an acquittal in a cheque dishonour case. The question before the Court was whether an appeal under the proviso to Section 372 of the CrPC would be maintainable against an order of acquittal passed in a private complaint under Section 138 of the NI Act, by recognising the complainant as a 'victim" under Section 2(wa) of the CrPC. The bench answered in the affirmative, observing that in cheque bounce cases, the complainant is indeed the aggrieved party due to the dishonour of the instrument. 'In such circumstances, the complainant qualifies as a victim and can invoke the proviso to Section 372 to appeal without the procedural rigours of Section 378," the Court said. The Court further clarified that although proceedings under Section 138 of the NI Act begin with the filing of a complaint under Section 200 CrPC, the complainant does not cease to be a victim. 'It is only a victim of a dishonoured cheque who can file a complaint under Section 138. Therefore, under the NI Act, the complainant and the victim are the same person," it noted. Delving into the legislative intent of Section 2(wa) of the CrPC, the Court stated that the term 'victim" includes anyone who has suffered a loss, physical, mental, financial, or legal, due to an act or omission for which the accused has been charged. 'This includes both active misconduct and passive omission. It also extends to a victim's guardian or legal heir in the event of their demise," the judgment stated. According to the Court, the expressions 'loss" and 'injury" in Section 2(wa) are deliberately broad and expansive, capturing a wide spectrum of harm, including financial damage. 'This ensures that victims are not denied justice merely due to technical interpretations of who a complainant is," it said. In a detailed discussion on the meaning of 'charge," the bench acknowledged that while CrPC doesn't define it exhaustively, judicial precedent recognises it as a formal and precise articulation of the accusations against an accused. 'It is more than mere suspicion or public rumour, implies legal process, responsibility, and the communication of specific offences to the accused," the Court said. 'A charge includes the formulation of the alleged crime, the corresponding legal violation, and the identity of the person responsible. It aims to inform the accused clearly and promptly of the allegations faced," it added. Accordingly, the bench granted liberty to the appellant to file an appeal within four months under the proviso to Section 372 of the CrPC. In the underlying case, a Judicial Magistrate had acquitted respondents 1 to 3 for the offence punishable under Section 138 of the NI Act, under Section 255(1) of the CrPC. The Madras High Court subsequently dismissed the appellant's plea for leave to appeal, declining to exercise its discretionary jurisdiction. By allowing the appeal and recognising the complainant as a victim entitled to an independent right of appeal, the Supreme Court has effectively broadened the scope of victim rights in cheque dishonour cases ensuring that procedural technicalities do not override substantive justice.
Indian Express
05-07-2025
- Business
- Indian Express
‘How do we earn a living?': On strike, Karkardooma Court lawyers oppose shifting of digital courts
Protesting the decision to shift the judges of 34 digital NI Act (Negotiable Instruments Act) courtrooms that hear cheque bounce cases from six court complexes in Delhi to the Rouse Avenue court complex, lawyers at the Karkardooma Court complex decided to abstain from work for a fifth day straight on Friday. The lawyers have been on a hunger strike for the last two days. 'First, our labour courts were shifted, now our cheque bounce courts have been shifted…we are not fancy lawyers. How do we earn a living?' advocate V K Singh, president of the Shahdara Bar Association (SBA), told The Indian Express. 'All the lawyers in our courts are people residing in the Trans Yamuna (areas). Some of us barely get Rs 20-30,000 for an entire case. Many of us are dependent on cheque bounce cases. Is this justice at your doorstep? Things were running smoothly… but now we are all anxious,' Singh said. Of the 34 courtrooms, nine are from Dwarka, seven from Tis Hazari, six from Saket, five from Karkardooma Court, four from Rohini, and three from Patiala House Court. While the judges of the respective courtrooms will be shifted to Rouse Avenue Court, the court staff (readers, ahlmads and stenographers) will continue to operate from their respective districts. The rooms for the 34 judges have been allocated on the seventh floor of the Rouse Avenue court complex, which is situated near the ITO Metro station in Central Delhi. Earlier, the coordination committee of all district court bar associations had decided to abstain from work. On June 7, however, they called off their strike after the Chief Justice of the Delhi High Court assured them in a meeting that all digital courts would function strictly as digital platforms only and that all the remaining proceedings and judicial work would be conducted exclusively in the regular local courts. In a May 30 notification, the Delhi High Court, which is behind the move, cited 'optimal utilisation of available infrastructure and resources' and 'inadequate space' to justify the shift of digital cheque bounce courts. 'The remaining arrangement, including support staff deployment and recording of evidence from the respective District Court Complexes, shall continue as per the previous directions/practice until adequate and permanent space is made available in the District Courts concerned to which these Digital NI Act Courts ultimately belong,' the notification dated May 30 read. 'However, these Courts shall continue to be under the administrative control /supervision/ jurisdiction of the districts concerned to which these courts belong. The readers, ahlmads, and judicial records of these Digital NI Act Courts would also continue to function from their original districts so as to avoid any inconvenience to the litigants, lawyers, and stakeholders,' the notification added. This notification was not enough to quell the anxiety of the lawyers in Northeast Delhi's Karkardooma Courts. 'Shifting of digital courts for lack of infrastructure violates the territorial jurisdiction jurisprudence,' said advocate Paras Jain, who practises in Karkardooma Court. 'If any litigant or advocate wants to report anything of emergent nature physically to the judge, they will not be able to communicate this…there is still confusion as to how evidence will be recorded before the judge sitting at Rouse Avenue Court,' he added. 'Lack of virtual facilities also creates gaps between the judges and litigants.' In a notice dated July 4, the lawyers of SBA decided to abstain from work on Saturday. 'It has been unanimously resolved by the Executive Committee of Shahdara Association (Regd.)., to abstain from work on 04.07.2025 in Karkardooma Courts, Delhi,' the notice read. 'It is further resolved that the Executive Committee of Shahdara Bar Association (Regd)., and its members shall continue the Hunger Strike from 05.07.2025 near Facilitation Center as a mark of protest against shifting of Digital Court, N.I. Act,' it added. 'Hence, all lawyers are requested to Co-operate & not to appear before any court either physically or virtually. In case any lawyer is found appearing physically or virtually in any court strict action shall be initiated against him/her,' the notice stated with a request urging judges to cooperate and not pass any adverse orders. Of the 15 lakh pending cases—2 lakh civil and 13 lakh criminal—across the capital's lower courts, 4.5 lakh, or over 30 per cent, are cheque bounce claims.
Time of India
07-06-2025
- Business
- Time of India
Local Court Lawyers Up In Arms Over Shifting Of 34 Digital Courts
New Delhi: Lawyers from the district courts decided on Saturday to roll back their decision to abstain from work in protest against the shifting of the judges of the 34 digital Negotiable Instruments Act courts to the Rouse Avenue courts. Tired of too many ads? go ad free now A statement released by the All District Courts Bar Association of Delhi on Saturday said that the lawyers' coordination committee met the chief justice of and was assured that all digital courts would function strictly as digital platforms only. The remaining proceedings and judicial work only would be conducted in the regular local courts, the statement said. "Necessary directions are being issued to all presiding officers instructing them not to insist on the physical appearance of any stakeholders, including parties, counsel, police officers, etc, in c+ourt," the statement added. On May 30, high court chief justice Devendra Kumar Upadhyaya inaugurated the 34 digital courts at the Rouse Avenue Courts complex to hear cases under the NI Act. Only judges of these courts will operate from Rouse Avenue, while the staff —readers, ahlmads and stenographers — will operate from their respective districts. The association on Friday, June 6 decided to abstain from work opposing the decision of shiftingthecourts. The digital courts deal with cases related to cheque bounces across six court complexes. The Lok Sabha was informed by the Union law minister in Dec 2024 that Delhi ranked fourth among top five Indian states with regard to NI Act cases and has 4.5 lakh pending cases. A judge in a NI Act court, on average, holds 80 hearings every day. According to the National Judicial Data Grid, until June 7, there were 15.1 lakh cases, of which 31% were cheque bounce cases. Tired of too many ads? go ad free now Last year, advocate Jagriti Jain filed a public interest litigation, highlighting administrative lapses in the digital NI Act court in North district. The petition pointed out the huge pendency of cases as well as connectivity problems of the portal used for digital hearings. In April 2024, a division bench comprising then acting chief justice Manmohan and justice Manmeet Pritam Singh Arora directed steps to be taken to address the issue of digital connectivity and network problems. On May 22 this year, the bench disposed of the Jain's PIL, noting that connectivity issues had been resolved after the registrar general of the high court submitted a report on May 9 outlining the remedial measures taken. A second digital NI Act court was established in the North district and all pending matters were evenly distributed between the two courts. Advocate Parthesh Bhardwaj, who appeared for Jain, told TOI, "As of June, with multiple functioning courts, better cause list management and strengthened technical infrastructure, the average time between hearings at digital NI Act courts in all districts has significantly reduced."
United News of India
07-06-2025
- Politics
- United News of India
Delhi's district court lawyers to abstain from work on June 9
New Delhi, June 9 (UNI) The lawyers practising in district courts in Delhi have decided to abstain from work on June 9 against the shifting of the Digital Negotiable Instrument Act Courts to the Rouse Avenue court complex. Nagender Kumar, Chairman, Coordination Committee, All District Court Bar Association of Delhi, has passed a resolution that in an emergent meeting, the Co-ordination committee has taken serious note of unrest among advocates against the shifting of the Digital Courts to Rouse Avenue Court and it has been resolved to register strong grievance/resentment against the same. Accordingly, it has been unanimously decided to abstain from judicial work in all District Courts on Monday i.e. 09.06.2025, Vikas Goyal Adv, Hony Secretary Delhi Bar Association and General Secretary of the Coordination Committee of Delhi District Courts has requested the advocates by sending messages to completely abstain from work on Monday i.e June 9 in all District Courts of Delhi. Delhi High Court's Chief Justice Devendra Kumar Upadhyaya has inaugurated the 34 digital court at the Rouse Avenue Complex last week to exclusively hear cases under the NI Act. UNI XC SSP
