2024 (4) TMI 669 - HC - Indian Laws

Dishonour of Cheque - Plea to expedite the trial of a complaint - Case of applicant is that though this complaint under the Act, 1881 was filed in the year 2022, but the trial could not be concluded - Section 143(2) of NI Act, 1881 - HELD THAT - The Apex Court in the case of INDIAN BANK ASSOCIATION AND OTHERS VERSUS UNION OF INDIA AND OTHERS 2014 (5) TMI 750 - SUPREME COURT , has issued direction for expeditious disposal of the cases under the Act, 1881 where it was held that We, therefore, direct all the criminal courts in the country dealing with Section 138 cases to follow the above-mentioned procedures for speedy and expeditious disposal of cases falling under Section 138 of the Negotiable Instruments Act. From the above mentioned judgements of Hon'ble Apex Court, it is clear that the Apex Court for expeditious disposal of cases under the Act, 1881 has issued several directions which the concerned court/Magistrate has to follow while deciding the cases under the Act, 1881. From the observations of the Apex Court as well as analysis of Sections 138 143 of the Act, 1881, it is expedient that all the proceedings under the Act, 1881 should be concluded expeditiously without going into unnecessary technicality. This Court directs the Chief Judicial Magistrate, Sant Kabir Nagar to conclude the trial of Complaint Case No. 10260 of 2022 (Shyam Ji Vs. Bhagwandas Chaudhary) u/s 138 Negotiable Instrument Act, P.S. Bakhira, District Sant Kabir Nagar, keeping in mind the direction of the Apex Court, expeditiously preferably within a period of six months from the date of receipt of certified copy of this order, strictly in accordance with statutory provision of Sections 143(2) and 143(3) of the Act, 1881, if there is no legal impediment. Application disposed off.

Summary

Issues involved:
The judgment involves the issue of expeditious disposal of a complaint case u/s 138 of the Negotiable Instrument Act pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.

Details of the judgment:
The applicant filed an application to direct the court below to expedite/decide the Complaint Case No. 10260 of 2022 u/s 138 Negotiable Instrument Act. The court noted that the opposite party had been arrested and released on bail. The applicant argued that the trial should have been concluded within six months as per Section 143(3) of the Act, and cited the directions of the Apex Court for expeditious disposal of such cases.

The Apex Court in various judgments has issued directions for speedy disposal of cases under Section 138 of the Negotiable Instruments Act. The Court emphasized the need for day-to-day trial, timely examination of witnesses, and expeditious conclusion of the trial. The Court directed all criminal courts to follow the procedures outlined for speedy disposal of cases under Section 138.

In another judgment, the Apex Court issued directions for expeditious trial under Section 138 of the Act, including recording reasons before converting trial, conducting inquiries efficiently, and recommending amendments for provision of one trial against a person for multiple offences within 12 months. The Court also addressed issues related to summon service, review of summon issue, and applicability of certain sections of the Code.

Based on the above judgments and directions, the Court directed the Chief Judicial Magistrate, Sant Kabir Nagar, to conclude the trial expeditiously within six months, in accordance with statutory provisions, and the directions of the Apex Court. The application was disposed of with this direction.