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ARUN KUMAR SINGH DESHWAL
Ram Dhari Pal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Heard Sri Shibli Naseem, learned counsel for the applicant and Sri Anish Kr. Upadhyay, learned A.G.A. for the State.
2. The present application has been filed to direct the Additional Civil Judge (J.D.) Ist/Judicial Magistrate, Jaunpur to conclude the trial of complaint case No. 19412 of 2022 (Ramdhari Pal vs. Ajay Yadav), u/s 138 N.I. Act, P.S. Kotwali, District Jaunpur within a stipulated period.
3. Contention of learned counsel for the applicant is that though this complaint under N.I. Act was filed in the year 2022, but the trial could not yet be concluded. It is further submitted that as per Section 143(2) of N.I. Act, the trial for the offence under N.I. Act should be conducted on day to day basis and it is further provided u/s 143(3) that the trial should be concluded within six months from the date of filing of the complaint.
4. The Apex Court in the case of Indian Bank Association and others vs. Union of India and others; (2014) 5 SCC 590, has issued direction for expeditious disposal of the cases under N.I. Act. Paragraph Nos. 22, 23 and 24 of the aforesaid judgement are being quoted as under:—
“22. We notice, considering all those aspects, few High Courts of th
Dishonour of cheque – All proceedings under N.I. Act should be concluded expeditiously without going into unnecessary technicality.
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 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 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 mandates expeditious disposal of trials under Section 138 of the N.I. Act, emphasizing adherence to statutory timelines and proper procedures.
The court emphasized the necessity for expeditious trials under the Negotiable Instruments Act, mandating adherence to specific procedures to ensure timely resolution of complaints.
The court emphasized the necessity for expeditious trials under Section 138 of the Negotiable Instruments Act, mandating completion within six months as per statutory provisions.
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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