The court emphasized the need for timely resolution of cases under Section 138 of the Negotiable Instruments Act, allowing the applicant to seek urgent consideration from the trial Court.

Hon'ble Alok Mathur,J.

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

2. By means of the present application under Section 483 Cr.P.C., the applicant has prayed for expeditious disposal of Criminal Case No. 2412 of 2023 (Rakesh Kumar Pathak Vs. Om Prakash Yadav) under Section 138 of the Negotiable Instruments Act, 1881 pending in the court of First Additional Chief Judicial Magistrate Court No. 17, District Sultanpur.

3. Learned counsel for applicant has submitted that opposite party wanted to sell his property to the applicant to the tune of Rs.3,00,000/-. In this regard, the applicant had given Rs.2,50,000/- to opposite party and thereafter opposite party did not sell his property to the applicant. When the applicant asked the opposite party to return his money. Opposite party had given a cheque bearing No. 000006 of Bank of Baroda amounting to Rs.2,50,000/-. The applicant presented the said cheque before the bank for encashment but the same was dishonoured with regard "insufficient fund". The applicant sent a legal notice to opposite party with regard to dishonour of cheque. Despite legal notice, opposite party failed to return the said amount. Thereafter the applicant filed a Criminal Case No. 2412 of 2023 (Rakesh Kumar Pathak Vs. Om Prakash Yadav) under Section 138 of the Negotiable Instruments Act, 1881 before the learned First Additional Chief Judicial Magistrate, Court No. 17, Sultanpur on 25.05.2023 and the same is pending consideration.

4. It is urged that though the matter is being listed but for one reason or the other, Criminal Case No. 2412 of 2023 (Rakesh Kumar Pathak Vs. Om Prakash Yadav) under Section 138 of the Negotiable Instruments Act, 1881 is pending before the learned First Additional Chief Judicial Magistrate, Court No. 17, Sultanpur and the same is not being decided.

5. After arguing the matter at some length, learned counsel for applicant submits that trial Court may be directed to decide the Criminal Case No. 2412 of 2023 (Rakesh Kumar Pathak Vs. Om Prakash Yadav) in a time bound manner.

6. The Apex Court in the case of In Re: Expeditious Trial of Cases under Section 138 N.I. Act , 1881, reported in 2021 SCC Online 325 has already issued following directions for expeditious trial u/s 138 N.I. Act as under:-

"24. The upshot of the above discussion leads us to the following conclusions:

1) The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons trial.

2) Inquiry shall be conducted on receipt of complaints under Section 138 of the Act to arrive at sufficient grounds to proceed against the accused, when such accused resides beyond the territorial jurisdiction of the court.

3) For the conduct of inquiry under Section 202 of the Code, evidence of witnesses on behalf of the complainant shall be permitted to be taken on affidavit. In suitable cases, the Magistrate can restrict the inquiry to examination of documents without insisting for examination of witnesses.

4) We recommend that suitable amendments be made to the Act for provision of one trial against a person for multiple offences under Section 138 of the Act committed within a period of 12 months, notwithstanding the restriction in Section 219 of the Code.

5) The High Courts are requested to issue practice directions to the Trial Courts to treat service of summons in one complaint under Section 138 forming part of a transaction, as deemed service in respect of all the complaints filed before the same court relating to dishonour of cheques issued as part of the said transaction. .

7. At this stage, this Court is not inclined to interfere in the matter said matter. However, liberty is granted to the applicant to approach the trial Court and move an appropriate application detailing urgency for expeditious disposal of aforesaid case, along with the order passed