TMI Blog2017 (9) TMI 1444X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner has made out a fit case for the exercise of its powers under Section 482 of the Code.The petition is accordingly dismissed. - W.P. (CRL.) 2008/2017 - - - Dated:- 18-9-2017 - MR. VINOD GOEL J. Appellant Through: Mr. Gurmeet Singh, Advocate with Ms. Preeti, Advocate Respondent Through: None. VINOD GOEL, J. (Oral) 1. This Writ Petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Code ) seeking speedy trial of the Complaint Case No. 633344/16 filed under Section 138 of the Negotiable Instrument Act, 1881 (in short NI Act ). 2. The petitioner filed a complaint under Section 138 of the NI Act against the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d sent by post as well as by e-mail address got from the complainant. The court, in appropriate cases, may take the assistance of the police or the nearby court to serve notice on the accused. For notice of appearance, a short date be fixed. If the summons is received back unserved, immediate follow-up action be taken. 23.3. The court may indicate in the summons that if the accused makes an application for compounding of offences at the first hearing of the case and, if such an application is made, the court may pass appropriate orders at the earliest. 23.4. The court should direct the accused, when he appears to furnish a bail bond, to ensure his appearance during trial and ask him to take notice under Section 251 CrPC to en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subordinate Courts to make every endeavour to dispose of such cases in a time bound manner. 8. This Court in Sharda Ma Enterprises Pvt. Ltd. V State (Govt. of NCT of Delhi) (2016) SCC OnLine Del 2282 while dealing with an identical petition for issuance of a writ for expeditious trial of a complaint filed under the NI Act held that such a prayer could not be allowed due to a large pendency of cases with Metropolitan Magistrates and a shortage of Metropolitan Magistrates itself. The Court further held that allowing a case to be taken up before its turn would be unfair to the litigants who have been patiently waiting as per their turn. Para 5 to 7 of the judgment reads as under:- 5. I have gone through the arguments advanced and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8.2017 submitted to this Court had clearly stated that the accused remained unserved till the last date of hearing i.e. 05.08.2017. She had also brought to the Courts notice that in her Court there is a pendency of around 4300 cases out of which only 125 are more than 5 years old and around 50 to 65 cases are listed daily. It is also noticeable from the report that priority is being given to cases which are more than 5 years old, cases in which the accused is in Judicial Custody and cases in which one of the parties is a senior citizen. This Court cannot lose sight of the fact that the Metropolitan Magistrates in Delhi are already overburdened with cases due to a large pendency of cases as well as due to shortage of Metropolitan Magistrates ..... X X X X Extracts X X X X X X X X Extracts X X X X
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