Allowed

M/S Sunil Plastic Industries v. State of U.P. and 2 Others

Allahabad HC10 Feb 2023A483/552/2022

Case brief

AI extract

What is this about?

Application under Section 483 Cr.P.C. filed to expedite a complaint case under Section 138 N.I. Act pending for over a year. Court observed trial was not progressing per Section 143 and directed trial court to conclude case expeditiously by fixing short dates.

What did the court decide?

Direction to trial court to expedite conclusion of complaint case by fixing short dates and without unnecessary adjournments.

M/S Sunil Plastic Industries Vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 93

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Case :- APPLICATION U/S 483 No. - 552 of 2022

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Applicant :- M/S Sunil Plastic Industries Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jai Raj,Mrityunjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The applicant has filed this application under Section 483 Cr.P.C. seeking a direction to the court concerned to decide the Complaint Case No. 9781 of 2021, M/s Sunil Plastic Industries vs. Shiraj Jafar and others, under Section 138 N.I. Act, Police Station Kamlanagar, District Agra pending before the Presiding Officer, Additional Court No. 2, Agra, expeditiously.

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A perusal of the order sheet of the Trial Court shows that the aforesaid complaint case has been filed on 27.09.2021. The Trial Court vide order dated 16.11.2021 has summoned the opposite party nos. 2 and 3 to face the trial under Section 138 Negotiable Instruments Act. On several occasions opposite parties did not turn up, therefore, on 15.04.2022 bailable warrants were issued against them. Subsequently on 06.10.2022 non bailable warrants were also issued against opposite party nos. 2 and 3.

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It is submitted that the proceedings of the complaint case was initiated on 27.09.2021. It is also submitted that several dates have been fixed since 27.09.2021 but no order of moment has been passed. Till date, the statement charge of the opposite party nos.2 and 3 have not yet been recorded. The case is lingering on since 11.10.2021 and the case is still pending for appearance of the

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accused persons.

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Looking to the nature of the order that this Court proposes to pass, issue of notice to respondent Nos. 2 and 3 is being dispensed with inasmuch as rights of parties are not being determined here in any manner.

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It appears that the trial of the case is not progressing with the speed as mandated by Section 143 (2) and (3) of the Negotiable Instruments Act, 1881. The proceedings under Section 138 N.I. Act are summary remedy in aid of commercial transactions. The purpose of the remedy is to provide expeditious realization of the proceeds of a cheque that is dishonored. In its nature it ought to be dealt with swiftly. The court should be vigilant to preclude adjournment of the case on flimsy grounds.

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The provisions of Section 143 (2) and (3) of the Negotiable Instruments Act, 1881 provides for expeditious disposal of case which are as follows :

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143. Power of Court to try cases summarily-

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(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing.

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(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.

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The Apex Court in " Re: Expeditious Trial of Cases under Section 138 N.I. Act, 1881" Suo Motu Writ Petition (Crl.) No. 02 of 2020 has issued guidelines to the Magistrate for expeditious

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disposal of cases under Section 138 N.I. Act, 1881.

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Considering the facts and circumstances of the case and the aforesaid provisions of Section 143 (2) and (3) of the Negotiable Instruments Act, 1881, the guidelines of the Apex Court in the aforesaid case, the Presiding Officer, Additional Court No. 2, Agra is directed to expeditiously conclude the aforesaid complaint case by fixing short dates and without granting unnecessary adjournments to either of the parties, unless it is inevitable and that too, with heavy costs.

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In view of the aforesaid directions, the application is allowed .

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It is made clear that anything said in this order shall not affect the rights of both parties either way and the Trial Court shall be free to decide the complaint in accordance with law and the evidence led by parties unaffected by anything said in this order.

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Order Date :- 10.2.2023

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Brijesh Maurya

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Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad

M/S Sunil Plastic Industries v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

M/S Sunil Plastic Industries v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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