JUDGMENT :

1. Heard Shri Vinay Khare, learned Senior Advocate assisted by Ms. Aarushi Khare, learned counsel for the applicant, Shri Shashidhar Pandey, learned AGA for the State and perused the record.

2. The instant application under Section 482 CrPC has been filed by the applicant praying to quash the summoning order dated 23.10.2019 and the entire proceeding of the Complaint Case No. 06 of 2018 (M/s Joshi Construction v. Valecha Engineering Limited & others), under Section 138 of Negotiable Instruments Act, 1881, Police Station- Kotwali, District-Etawah pending before the Court of Additional Chief Judicial Magistrate, Court No.1, Etawah.

Facts of the Case

3. The opposite party no. 2 had a business relation with the applicant, it was in between December, 2014 to July, 2015, where several work orders were placed by Valecha Engineerings Limited (for short “VEL”) for KERB laying and PCC laying. During the course of the business, VEL paid certain amount to opposite party no. 2, however, there was a balance of Rs. 7,18,65,987/- which was to be paid by VEL to opposite party no. 2. In pursuance of this payment, VEL issued a cheque bearing No. 063388 dated 11.10.2017 drawn on SBI, Shashtri Chauraha, Etawah for an amount of Rs.6,50,00,000/- (six crores and fifty lakhs) crores in favour of opposite party no. 2. When the said cheque was presented it was dishonoured on 22.11.2017 with a remark “insufficient funds” and was sent to the opposite party no. 2 vide return memo dated 23.11.2017. After bouncing of the cheque, opposite party no.2 requested VEL to pay the bounced cheque amount when, VEL did not make the said payment, the opposite party no. 2 was constrained to issue a legal notice on 16.12.2017 through its lawyer which was delivered to VEL on 18.12.2017. Even after getting the notice, VEL did not make the payment and hence, the opposite party no.2 was left with no other option but to file a complaint on 08.01.2018 under Section 138 of the Negotiable Instruments Act in the Court of Second Judicial Magistrate, Etawah. The Court after being satisfied that the court had jurisdiction and the complaint was within time, fixed 10.04.2018 for statement under Section 200 CrPC. After 20 hearings and after a gap of one and a half years, notices were issued on 23.10.2019 against Valecha Engineerings Limited, and other directors, and also against Mr. Shyam M. Bulbule who was the authorised signatory of the cheque (the applicant herein is one of the whole-time Director of the Company). The matter was next listed on 30.11.2019, thereafter, the accused did not appear in the court and the bailable warrant were issued.

4. Since, the accused were not appearing, so the trial was not proceeding. The opposite party no. 2 was left with no other option but to approach this Court by filing an application u/s 482 CrPC bearing No. 13490 of 2020 for expeditious disposal, in which, this Court on 09.09.2020 was pleased to pass the following order :-

“Heard learned counsel for the applicants, learned AGA and perused the record.

This application under Section 482 Cr.P.C. filed by the applicants with a prayer to direct the court below 1st Additional Chief Judicial Magistrate, Etawah to expeditiously decide the complaint case No. 6 of 2018, under Section 138 Negotiable Instruments Act, Joshi construction Vs. Valecha Engineering Ltd and others, P.S. Kotwali, District Etawah.

Learned counsel for the applicants submitted that the complaint was filed on 8.1.2018 and applicant was summoned on 23.10.2019, considerable time has already lapsed but the case is still pending for trial.

The only prayer made by learned counsel for the applicants to expeditious disposal of this case pending in the trial court as per provision of sub section 3 of Section 143 of the Negotiable Instruments Act, 1881 which is quoted below:-

"(3) 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