HC takes suo motu notice of 'settlements' at police stations

The Madras High Court has taken suo moto cognisance of 'settlements' being arrived at by parties concerned at police stations on issue of NBWs by courts dealing with cases under Negotiable Instruments Act.

Taking serious view of the matter, Justice CT Selvam, before whom such an agreement of settlement was submitted in which it was mentioned that an agreement was arrived at between the parties in a police station, said "The position raises issues of serious concern and it would be proper to require the Director General of Police to issue instructions to avoid such wrong doing."

"Time and again, this court notices that on issue of Non-bailable warrants by Courts dealing with cases under the Negotiable Instruments Act, the Police Agency, on securing the person/accused against whom NBW is issued, holds such persons at the police station... The presence of the complainant is also secured. Brazenly, settlement/arrangements made between the parties are recorded and thereafter, the accused in the case is allowed to walk away," the judge said.
 

"On the one hand, the complainant in a case under section 138 of Negotiable Instruments Act obtains an admission/ undertaking for repayment through the police agency and on the other, the dignity of Court is undermined by a person apprehended pursuant to Non-Bailable Warrant issued by it not being produced there before," the judge said.

The judge also directed the High Court Registry to send the copy of the order to DGP for appropriate action and for suitable instructions to the Subordinates.