Allowed

Ram Pratap Singh v. State of U.P. and Another

Allahabad HC16 Feb 2023A483/60/2023

Case brief

AI extract

What is this about?

The High Court granted an application under Section 483 Cr.P.C. directing the Trial Court to expeditiously conclude the pending complaint case under Section 138 of the Negotiable Instruments Act, ensuring speedy disposal as per statutory time limits and Supreme Court guidelines.

What did the court decide?

Directed the Additional Chief Judicial Magistrate-Ist, Varanasi to expeditiously conclude the complaint case by fixing short dates and without granting unnecessary adjournments.

Ram Pratap Singh Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 93

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Case :- APPLICATION U/S 483 No. - 60 of 2023

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Applicant :- Ram Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Kumar 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. 2967 of 2022 (Ram Pratap Singh vs. Vijay Kumar Bhardwaj) under Section 138 Negotiable Instruments Act, Police Station- Chetganj, District- Varanasi, pending before the Additional Chief Judicial Magistrate-Ist, Varanasi expeditiously.

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Pleadings of the case indicate that the applicant has filed complaint case on 07.01.2022. The trial court has taken cognizance and the case was registered as Complaint Case No. 2967 of 2022. The Trial Court vide order dated 11.03.2022 has summoned the opposite party no. 2/accused to face the trial under Section 138 Negotiable Instruments Act. On 17.05.2022, bailable warrant was issued against the opposite party no. 2/accused. On 22.06.2022, opposite party no. 2/accused, surrendered before the Trial Court and obtained bail and the case was fixed for statement charge of opposite party no. 2/accused on 31.08.2022 and subsequently on 17.09.2022, 06.10.2022 and 28.11.2022 but the opposite party no. 2 /accused did not turn up. Therefore, on 05.12.2022, non-bailable warrant was issued against opposite party no. 2/accused. On 20.12.2022, the opposite party no. 2 /accused appeared before the Trial Court and on being moved application for bail, he was released on bail on the same day. Thereafter, statement charge of opposite party no. 2/accused was prepared and the case was fixed for evidence on 09.01.2023.

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It is submitted that the proceedings of the complaint case was initiated on 07.01.2022. It is also submitted that several dates have been fixed since 07.01.2022 but still the proceedings of the case have not been concluded.

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Looking to the nature of the order that this Court proposes to pass, issue of notice to opposite party no. 2 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 Negotiable Instruments 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

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dishonored. In its nature, it ought to be dealt with swiftly.

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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 disposal of cases under Section 138 Negotiable Instruments 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 Additional Chief Judicial Magistrate-Ist, Varanasi 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 :- 16.2.2023 KS

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Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad

Ram Pratap Singh v. State of U.P. and Another

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Ram Pratap Singh v. State of U.P. and Another

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