Dishonour of cheque - Appeal pending for long - Court should appoint an amicus curiae instead of cancelling bail

Supreme Court Criticizes Appellate Court for Cancelling Bail; Grants Interim Relief to Ailing Petitioner Interim bail granted to Meenakshi in cheque dishonour case, Supreme Court questions appellate court's handling of proceedings.

In a significant ruling, the Supreme Court of India has granted interim bail to Meenakshi, a petitioner in a cheque dishonour case, and criticized the appellate court's decision to cancel her bail and issue a Non-Bailable Warrant (NBW). The apex court expressed concern over the appellate court's insistence on the petitioner's presence at every hearing, despite her medical condition and the suspension of her sentence.

The case originated from proceedings under Section 138 of the Negotiable Instruments Act, 1881, related to the dishonouring of cheques amounting to over Rs. 12 lakhs issued by Meenakshi's late mother. Following her conviction and sentence, Meenakshi's appeal has been pending for an unusually long duration.

The Supreme Court, comprising Justices Aravind Kumar and N.V. Anjaria, noted the appellate court's failure to appoint an amicus curiae or allow alternate arrangements when Meenakshi's counsel was unavailable. This oversight led to the cancellation of her bail and issuance of an NBW, actions deemed inappropriate given the circumstances.

The apex court further highlighted the protracted nature of the appellate proceedings, which have been pending for over eight years, and criticized the appellate court for not considering the petitioner's medical condition, supported by a doctor's certificate. The Supreme Court directed the immediate release of Meenakshi on interim bail, emphasizing that she should not remain in jail while her appeal is unresolved and her sentence suspended.

The court's decision underscores the importance of fair procedural conduct and the need for courts to accommodate appellants facing genuine challenges, such as health issues. It also calls for guidelines to prevent similar occurrences in the future.

The ruling has prompted the Supreme Court to seek input from the respondent-State's counsel on existing rules, aiming to establish guidelines to avoid a repeat of such judicial oversights. The case is set to be re-listed after three weeks for further proceedings.

Bottom Line:

Proceedings under Section 138 of the Negotiable Instruments Act, 1881 - Appellate court's cancellation of bail and issuance of Non-Bailable Warrant (NBW) against petitioner criticized - Interim bail granted considering the petitioner's medical condition and pending appeal.

Statutory provision(s): Section 138 of the Negotiable Instruments Act, 1881, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Code of Criminal Procedure, 1973 Section 482

Meenakshi v. State of Haryana, (SC) : Law Finder Doc Id # 2814028