V.K.BALI
V. K. Soman Achari – Appellant
Versus
Sabu Jacob – Respondent
The Negotiable Instruments (Amendment and Miscellaneous) Act, 2002 came into being to amend the Negotiable Instruments Act, 1881, Banker’s Books Evidence Act, 1891 and the Information Technology Act, 2000 for a purpose. One of the objects to bring about the new legislation mentioned in the Objects to bring about the new legislation mentioned in the Objects and Reasons of the Act of 2002 was to provide for summary trial of the cases under the Act with a view to speeding up disposal of cases. The speedy and summary remedy provided was for a purpose to expeditiously deal with matters under the Negotiable Instruments Act in a time bound manner. It is unfortunate that in some cases, as one in hand, the entire purpose of the legislation has been defeated on procedural wrangles. Before introduction of the case, as a prelude in a drama and preface in a novel would be written, a period of fifteen years have already gone by. The parties to the litigation are at initial stage, as the case has not made any progress from the date of institution of the same.
2. When the petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, hereinafter referred to as ‘N.I.Ac
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