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Bombay HC Directs All Lower Courts To Accept Cheques/DD/ET For Furnishing A Cash Security

Nitish Kashyap
1 Dec 2016 2:57 PM GMT
Bombay HC Directs All Lower Courts To Accept Cheques/DD/ET For Furnishing A Cash Security
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The Bombay High Court through it’s registry has directed all lower courts to accept demand drafts and cheques for the purpose of payments of bail bonds. This was notified on November 28, 2016. Twenty days after 500 and 1000 rupee notes ceased to be legal tender. Seven of these courts are in Mumbai, others are in Nagpur, Pune, Aurangabad, Thane, Nashik, Amravati, Solapur, Kolhapur, Akola and Nanded. The Charity Commissioner has also been notified.

Speaking to LiveLaw, Registrar General of the Bombay High Court Mangesh Patil said- “This is a sort of precaution we have taken. The accused should not linger behind bars inspite of order of bail whenever the magistrate has ordered release on securing cash security. So people may not have cash and it should not happen inspite of this order he/she is behind bars. Instead of cash, cheques, demand drafts, electronic transfer can be accepted and on realisation they can release the accused.”

When asked whether this move a little too late as twenty days already passed since currency was demonetized, Patil said- “We have never received any complaints, request or even a query. We realized that this could happen. Hence we took a precautionary measure.”

The following courts and principal/chief judges have been notified-

  1. 1.The Principal District Sessions Judge, Mumbai

  2. The Principal Judge City Civil and Sessions court, Mumbai

  3. 3.The Chief Judge, Small Causes Court, Mumbai

  4. President, Industrial Court, Mumbai

  5. Chairman, Motor Accidents Claims Tribunal, Mumbai

  6. The Principal Judge, Family Court, Mumbai, Nagpur, Pune, Aurangabad

  7. The Judge, Family Court, Thane, Nashik, Amravati, Solapur, Kolhapur, Akola and Nanded.

  8. The President, Maharashtra State Co-op, Appellate Court, Mumbai

  9. The Charity Commissioner, Mumbai

Various petitions and PILs have been filed at the Bombay high Court, some opposed demonetization or sought relief measures for the common ma. Athough most of these petitions have been filed by District Co-operative Banks who have a very technical contention. They have been barred from accepting or exchanging old 500 and 1000 rupee notes, this they feel is arbitrary. The bench of Justices Abhay Oka and Anuja Prabhudessai will be hearing the petition filed by DCBs on December 5 after the Supreme Court hears the center’s transfer petition tomorrow.

Read the Circular here.

This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.

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