In a section 482 CrPC application, the single judge reminded the trial court of Section 143(2) and (3) of the Negotiable Instruments Act, mandating timely and expedited trial of Section 138 complaints.
The trial court was directed to decide Complaint Case No. 1363 of 2013 at an early date.
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C-482 Petition No. 432 of 2014 Hon’ble U.C.Dhyani, J.
Mr. Mohd. Safdar, Advocate, present for the applicant.
Mr. P. S. Soun, learned Deputy Advocate General, present for the State.
An innocuous relief, sought for by learned counsel for the applicant, through the present application under Section 482 Cr.P.C., is to direct the trial court to decide the Complaint Case No. 1363 of 2013, under Section 138 of the Negotiable Instruments Act, pending before Special Judicial Magistrate, Roorkee, Haridwar at an early date.
Speedy trial is one of the fundamental rights of a person guaranteed under Article 21 of the Constitution of India. It does not lie in one’s mouth to say that any lis pending in any court should not be decided at the earliest possible date. It is on account of this reason the notice is not being sent to the respondent.
While disposing of the present application under Section 482 Cr.P.C. summarily at the threshold, this Court is simply reminding the trial court of the provisions contained in sub-sections (2) & (3) of Section 143 of the Negotiable Instruments Act, 1881, which are as follows:
It is accordingly provided that the trial court shall make an endeavour to decide the aforesaid complaint case at an early date.
(U.C.Dhyani, J.)
16.05.2014
Kaushal
2 issues framed by the court
Whether Section 143(2) and Section 143(3) of the Negotiable Instruments Act mandate the trial court to conclude a case under Section 138 within six months.
Whether an applicant is entitled to an order under Section 482 Cr.P.C. directing a speedy trial of the complaint.
2 provisions across 2 enactments
Kaushal
State
U.C. Dhyani
As recorded by the court registry
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