- (1.) IT is not disputed before us that Seven lakh cases arising out of the provisions of Section 138 of the Negotiable Instruments Act are pending in the State of Maharashtra. It is not clear from the record as to what is the percentage of increase and/or decrease annually in filing of such complaint. The twenty posts of Magistrates which were created have still not been filled up. In any case that can hardly provide any solution to this very serious problem. The learned Advocate-General states that the Government is examining the matter from all angles and intends to provide a comprehensive solution.
(2.) BE that as it may, we direct the State Government including the High Court to file an affidavit giving complete details of the cases pending, date of institution with increase and decrease annually, and as per the national level Judge case ratio, how many Judges are needed to be appointed exclusively to deal with the cases under Section 138 of the Negotiable Instruments Act. We also direct the State to place on record the exact projected infrastructure required for the Courts in this regard. Stand over to 4th February 2010.;