Deeleep Chandra Vs Pawan Kumar and Another — Cheque Dishonour | Allahabad HC (2025)

Deeleep Chandra Vs Pawan Kumar and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Notice to the opposite parties dispensed with (in view of the order proposed); trial court directed to make all endeavour to conclude criminal case No.2973 of 2023 as expeditiously as possible; no fixed/specified time limit imposed on the trial; subject to that direction, the application under Section 483 Cr.P.C. stands disposed of.

Issue for consideration

Whether, invoking the Section 143(2) N.I. Act provision that endeavour shall be made to conclude a Section 138 trial within six months from filing of the complaint, the trial court should be directed to conclude the applicant's Section 138 complaint trial (criminal case No.2973 of 2023, Sultanpur) within a specified time limit, given the prolonged non-appearance of the opposite parties despite summonses and non-bailable warrants.

Court's answer

The time limit indicated by Section 143(2) N.I. Act for conclusion of a Section 138 trial (endeavour to conclude within six months from filing of the complaint) is clearly directory, not mandatory.

Ratio / Principle

Summonses issued on 11.8.2023 and 1.9.2023, non-appearance of the opposite parties and issuance of non-bailable warrants on 12.4.2024 make out a ground for directing expeditious disposal of the case; however, considering the huge pendency in the courts of Judicial Magistrates dealing with matters under Section 138 N.I. Act, no direction for concluding the trial within a specified time limit can be issued at this stage.

Key takeaways

Operative direction: the trial court shall make all endeavour to conclude the trial of criminal case No.2973 of 2023 (Dileep Chandra Vs. Pawan Kumar) as expeditiously as possible, subject to which the application under Section 483 Cr.P.C. stands disposed of.ratio¶13

Detailed headnote1 paragraphs

Application under S.483 Cr.P.C. (No.318 of 2025, Court No.12) decided by Alok Mathur, J., High Court of Judicature at Allahabad, Lucknow Bench (order dated 17.4.2025; Neutral Citation 2025:AHC-LKO:21696). Applicant Deeleep Chandra (counsel Sri Ram Dheeraj) sought expeditious disposal of his Section 138 N.I. Act complaint against Pawan Kumar and another: he had supplied paddy worth Rs.2,75,000/- to their rice mill, their cheque for that amount was dishonoured, legal notice of 1.10.2021 went unanswered, and the complaint — originally Criminal Case No.8283/2021 — stood re-registered as criminal case No.2973 of 2023 (Dileep Chandra Vs. Pawan Kumar) before the Civil Judge (Junior Division)/F.T.C./Judicial Magistrate, Sultanpur, PS Kureybhar. Summonses of 11.8.2023 and 1.9.2023 drew no response and non-bailable warrants were issued on 12.4.2024. Citing the Section 143(2) N.I. Act six-month trial guideline, counsel pressed for time-bound conclusion. The court held the six-month time limit 'clearly directory and not mandatory'; while the summons/warrant record made out a ground for expeditious disposal, the huge pendency in Judicial Magistrates' courts handling Section 138 matters precluded any direction fixing a specified time limit. Notice to the opposite parties was dispensed with; the trial court was merely directed to make all endeavour to conclude the trial as expeditiously as possible, and the application stands disposed of accordingly.

Neutral Citation No. - 2025:AHC-LKO:21696

Court No. - 12

Case :- APPLICATION U/S 483 No. - 318 of 2025

Applicant :- Deeleep Chandra Opposite Party :- Pawan Kumar And Another Counsel for Applicant :- Ram Dheeraj

Hon'ble Alok Mathur,J.

Heard Sri Ram Dheeraj, learned counsel for the applicant.

In view of the order proposed to be passed notice to the opposite parties is dispensed with.

It has been submitted on behalf of the applicant that a complaint was lodged by the applicant stating that he had supplied paddy to the rice mill of the opposite parties for an amount of Rs.2,75,000/- but the payment was never made by them. It is further stated that the opposite parties had given a cheque to the applicant of the aforesaid amount which was dishonored and consequently legal notice was sent to the opposite parties on 1.10.2021 and despite expiry of the given period when the payment was not made the applicant had filed a compliant under Section 138 of N.I. Act cognizance of which was taken up by the trial court and registered as Criminal Case No.8283/2021 under Section 138 N.I.Act and subsequently after transfer to Civil Judge (Junior Division)/F.T.C./ Judicial Magistrate, Sultanpur it has been re-registered as criminal case No.2973 of 2023 (Dileep Chandra Vs. Pawan Kumar) relating to police station Kureybhar, District Sultanpur.

A perusal of the order sheet indicates that summons were issued firstly on 11.8.2023 and various dates have been fixed for appearance of the opposite parties but they did not appear and consequently non bailable warrants were issued on 12.4.2024 but the payment has not been made so far. It is in aforesaid circumstances that the present application has been moved for expeditious disposal of the complaint filed by the applicant.

In support of his submission learned counsel for the applicant has submitted hat as per Section 143 (2) it has been provided that trial in this section shall be conducted as expeditiously as possible and endeavor shall be made to conclude the trial within a period of six months from the date of filing of the complaint.

From a bare perusal of the aforesaid provisions it is clear that undoubtedly, the trial has to be conducted expeditiously and

endeavor should be made to conclude the trial within six months from the date of filing of the complaint. Aforesaid provision clearly indicates that time limit for conclusion of a trial is clearly directory and not mandatory. Apart from the above, considering the aforesaid provision, we find that summons have been issued on 11.8.2023 and 1.9.2023 and the opposite parties have not put in appearance. Lastly, on 12.4.2024 non bailable warrants have also been issued and further date was fixed for 27.3.2025 and lastly the date is now fixed for 17.4.2025. Accordingly apart from the aforesaid considering that in the matter summons have been issued on 11.8.2023 and 1.9.2023 a ground for directing expeditious disposal of the case is made out. However, considering that there is huge pendency in the courts of Judicial Magistrates who have been dealing with the matters under Section 138 of N.I.Act, no direction for concluding the trial within a specified time limit can be issued at this stage.

However, it is provided that the trial court shall make all endeavor to conclude the trial of the aforesaid case as expeditiously as possible.

Subject to aforesaid direction, the application under Section 483 Cr.P.C. stands disposed of.

(Alok Mathur, J.)

Order Date :- 17.4.2025 RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench