JUDGMENT :

(Vinod Diwakar, J.)

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. The applicant has preferred the instant application under Section 482 Cr.P.C. seeking direction for expeditious disposal of the Complaint Case No.4863 of 2022 titled M/s Pashupati Alloys Vs. Sunil Garg, filed under Section 138 of the Negotiable Instruments Act, 1881, pending trial before the Court of learned Additional Chief Judicial Magistrate, VIth, Meerut.

3. The facts leading to filing this instant application are succinct as follows:

(i). M/s Pashupati Alloys filed a criminal complaint against Mr. Sunil Garg, owner of M/s Mahaveer Ispat Udyog, regarding dishonour of the cheque dated 30.4.2020 amounting to Rs.10,00,000/-.

(ii). The criminal complaint was filed on 13.8.2020 before the learned Additional Chief Judicial Magistrate-Vth, Meerut.

(iii). Learned Additional Chief Judicial Magistrate-Vth, Meerut summoned the accused- Sunil Garg, vide order dated 16.3.2021 and on presentation of bail bond, granted bail vide order dated 3.12.2021.

(iv). Learned trial court recorded the statement under Section 254 Cr.P.C. and listed the case for the recording of evidence.

4. Since 13.8.2020, the case has been pending trial before the learned trial court, and despite being listed 33 times, no effective hearing was conducted. Out of these 33 instances, the trial court issued bailable warrants against the accused five times on 26.8.2021, 13.10.2021, 29.10.2021, 10.11.2021, and 26.11.2021. Additionally, non-bailable warrants were issued a total of 11 times on 24.5.2022, 24.6.2022, 1.12.2022, 12.12.2022, 5.1.2023, 17.1.2023, 2.2.2023, 17.2.2023, 2.3.2023, 28.3.2023, and 11.4.2023. During this period, the trial court also imposed costs of Rs. 300, Rs. 500, and Rs. 1000 on the accused on 20.4.2022, 7.7.2022, and 20.9.2022, respectively.

5. The applicant, aggrieved by the fact that the trial court conducted no effective hearing, has preferred the instant application seeking early or timebound disposal of the case.

6. Before I advert to the relief sought by the applicant, it is prudent to refer to some of the judgments passed by the Hon'ble Supreme Court regarding the expeditious hearing of criminal complaints filed under the Negotiable Instruments Act. Additionally, before seeking the assistance of the judgments passed by the Hon'ble Supreme Court for the expeditious and early disposal of cases related to the dishonour of cheques, it is appropriate to consider sections 143 to 147 and 138 of the Act, Negotiable Instruments Act, 1881.

7. The relevant portion of section 143(3) is extracted herein below:

“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."

8. Section 143(A) states that the Court trying an offence under section 138 has the authority to order the drawer of the cheque to pay interim compensation to the complainant. The interim compensation must be paid within 60 days from the date of the order under sub-section (1) of section 143(A). However, if the Court deems it necessary, it may extend this period by up to 30 days upon a sufficient cause shown by the drawer of the cheque.

9. Upon a closer examination of section 145 of the Act1, it becomes evident that both sub-sections 1 and 2 are enforceable within the bounds of the legal procedure and empower the Court to record evidence on the affidavit. Similarly, section 146 allows the Court to presume the fact of dishonour of cheques based on the presentation of the bank slip or evidence of an error on the slip. No official remark denoting that the cheque has been dishonoured can be considered valid until and unless such a fact is disproved.

10. The Hon’ble Supreme Court in Indian Bank Association and others Vs. Union of India and others, (2014) 5 SCC 590, observed that the Amendment Act, 2002 has to be given effect to it in letter an