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SANDEEP MOUDGIL
Vikas Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sandeep Moudgil, J.
The present petition has been filed under Section 482 of the Cr.P.C. seeking issuance of directions to the Illaqa Magistrate/Trial Court Sonipat to complete the trial of the complaint under Section 138 of the N.I. Act, 1881 bearing No.NACT/1952/2019 dated 19.12.2019 within six months.
2. It has been averred by learned counsel for the petitioner that the complaint in question had been filed on 19.12.2019 and at present the same is fixed for hearing on 27.09.2023. The said adjournment had been given by the trial Court on 13.01.2023 i.e. a long date of nine months has been granted, which shows that the trial Court is delaying the conclusion of the trial.
3. Vide order dated 10.04.2023, this Court had called for a report from the concerned Judicial Officer explaining the reasons for giving such a long date. Pursuant thereto, the concerned judicial officer sent her report/explanation vide letter No.204 of 17.04.2023 forwarded by the learned District & Sessions Judge, Sonipat vide his letter No.3891 of 18.04.2023. The relevant extract of the said report is as under:
The court established that trials under Section 138 of the Negotiable Instruments Act must be conducted expeditiously, in line with statutory requirements and Supreme Court directives.
The main legal point established in the judgment is the need for expeditious disposal of cases under the N.I. Act, as emphasized by the directions issued by the Apex Court and the statutory provision....
The court mandated that trials under Section 138 of the N.I. Act must be concluded expeditiously, ideally within six months, following the Apex Court's guidelines.
The court emphasized the necessity for expeditious trials under the Negotiable Instruments Act, mandating adherence to specific procedures to ensure timely resolution of complaints.
Dishonour of cheque – All proceedings under N.I. Act should be concluded expeditiously without going into unnecessary technicality.
The court mandates expeditious disposal of trials under Section 138 of the N.I. Act, emphasizing adherence to statutory timelines and proper procedures.
The court mandated the expeditious conclusion of trials under Section 138 of the Negotiable Instruments Act, emphasizing adherence to statutory timelines and procedures.
The court mandated the expeditious trial of complaints under Section 138 of the Negotiable Instruments Act, emphasizing adherence to statutory timelines and procedures for timely justice.
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