With the COVID-19 pandemic showing no sign of slowing down, the Trongsa Court started litigating cases electronically. The court uses online platforms such as Skype, Wechat, WhatsApp, Zoom, and Facebook for judicial proceedings.
Discouraging litigants to be physically present at the court is a step against community transmission of the Coronavirus.
In its first case of e-litigation yesterday, the district court sentenced a 23-year-old man from Bardo Gewog in Zhemgang to two years in prison. With initial hearings complete, the final court proceeding involving the prosecutor from the Office of Attorney General and the defendant was conducted through a video conferencing on Skype.
The man was convicted for fraudulent cheque writing. Including the interest on the principal amount, he had issued a rubber cheque worth Nu 753,000 to his lender.
As per the judgement, he violated sections 304 and 305 of the Penal Code of Bhutan. However, he can pay in lieu of the imprisonment term or appeal to a higher court within ten days.
According to the district judge, e-Litigation will be effective in keeping alive and expediting justice amidst the pandemic. It will also cut cost for the litigants. The Drangpon said the Coronavirus pandemic caused a delay in the judicial process of even normal cases such as marital issues, domestic violence and those already pending in the court.
Passang
*Fraudulent cheque writing (Penal Code of Bhutan)
304. A defendant shall be guilty of the offence of fraudulent cheque writing, if the defendant issues or passes a cheque knowing that the drawer will not honour it.
305. For the purpose of this Penal Code, an issuer is presumed to know that the cheque will not be honoured by the drawer, if the issuer:
(a) Has no account with the drawer at the time the cheque is issued; or
(b) Knows that the fund with the drawer is insufficient to cover the cheque and payment is refused by the drawer for lack of funds upon presentation within thirty days after issue and the issuer fails to make good within sixty days after receiving notice of that refusal.
