The object of Section 143 of the Negotiable Instruments Act, 1881 is quick disposal of the trial, and the conduct of the applicant in seeking repeated adjournments delayed the proceedings.

ORDER :

By the present C-482 petition, the applicant-M/s RPG Infratech has challenged the order dated 17.01.2023 as well as order dated 10.12.2021 passed by learned Judicial Magistrate, Ranikhet, Almora in Criminal Case No. 109 of 2017 M/s RPG Infratech vs. MBL Infrastructure Limited. These two orders are challenged by the applicant on the ground that the proceeding pertains to Section 138 of the Negotiable Instruments Act, 1881 and these are summary proceedings, however, by order dated 10.12.2021, learned Judicial Magistrate, Ranikhet, without applying his mind and without recording reasons, converted the summary trial to summons trial and fixed 18.12.2021 for cross examination of the complainant. In reference to this, counsel for the applicant refers to the guidelines of this Court dated 01.09.2021, a copy of which is also appended to this petition as Annexure-11. Further in support of his contention, he has relied upon the judgment of the Hon’ble Supreme Court in In Re: Expeditious Trial of Cass under Section 138 of N.I. Act 1881, 2021 SCC OnLine SC 325 (Suo Moto Writ Petition (Crl) No. 2 of 2020, decided on 16.04.2021) and he has placed reliance on Paragraphs 7, 8 & 9 of the said judgment.

2. Counsel for the applicant submits that in view of the guidelines of this Court dated 01.09.2021 and the aforesaid judgment of the Hon’ble Supreme Court, the order impugned cannot sustain, since the learned Judicial Magistrate has not applied its mind and has not given any reasons.

3. On the other hand, learned counsel for the respondents Ms. Anusuya Salwan argued that the learned Judicial Magistrate, Ranikhet, Almora passed the order on 10.12.2021 for cross-examination of the complainant on 18.12.2021, but he presented himself for cross-examination on 06.07.2022, and on that he was cross-examined partially as PW-1. After the cross-examination of the applicant/complainant, adjournments were sought by the present applicant on different dates, i.e. on 20.07.2022, 27.07.2022, 05.08.2022, 16.08.2022, 23.08.2022, 01.09.2022, 14.09.2022, 09.11.2022, 05.12.2022, 13.12.2022 and 17.01.2023.

4. The last order dated 17.01.2023 was also challenged by the applicant in the present C-482 petition.

5. I have gone through the aforesaid judgment of the Supreme Court, on which reliance has been placed by the counsel for the applicant and the guidelines of the High Court dated 01.09.2021, and after perusing the same, this Court is of the view that the object of Section 143 of the Negotiable Instruments Act, 1881 is only a quick disposal of the trial. It is very strange in this case that the applicant himself is the complainant and he also partially participated in the cross-examination on 06.07.2022, and he, after participating, sought several adjournments. Though the impugned order was passed 10.12.2021, he never approached this Court for challenging the same within the reasonable time, and after participating in the cross-examination on 06.07.2022, he took several adjournments and on 17.01.2023, only when the adjournment was granted to him at the costs of Rs. 5,000/-, he filed this petition.

6. In view of the aforesaid judgment, rendered by the Hon’ble Supreme Court, the object of Section 143 is a quick disposal of trial under Section 138 of the Negotiable Instruments Act.

7. Here the applicant, who himself is the complainant, first appears before the Court below for his cross-examination and then seeks several adjournments and challenges the order on the ground that the learned Judicial Magistrate while passing the order impugned has not applied his mind and recorded reasons. Once, he participated and appeared before the Court below for his cross-examination, then he cannot challenge the same on the ground that the learned Judicial Magistrate cannot convert the summary trial to summons trial, without recording any reasons. Apart from this, as observed above, the object of Section 143 of N.I. Act is for quick disposal, but here the conduct of the applicant its