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2024 Supreme(Online)(MP) 16521
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK ON THE 13th OF MARCH, 2024 MISC. CRIMINAL CASE No. 10364 of 2024 BETWEEN:- M/S GYANI AND COMPANY THROUGH PARTNER JASBINDAR PAL SINGH S/O LATE SHRI INDAR SINGH GYANI, AGED ABOUT 71 YEARS, KARYALAY SUKHMANI VILA, O-10 SITE NO 1 CITY CENTER GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI R.K. PATHAK - ADVOCATE) AND AJIT KUMAR JAIN S/O SHRI DHANNALAL JAIN, AGED ABOUT 80 YEARS, PARAKH JI KA BADA LASHKAR GWALIOR HAAL NIWASI C/O VIMAL JAIN 12 MADHUVAN INCLEV ALKAPURI CITY CENTER GWALIOR (MADHYA PRADESH) .....RESPONDENT (NONE PRESENT) This application coming on for admission this day, the court passed the following:
Ram Krishna Pathak,
Cases involving elderly parties should be disposed of expeditiously to relieve them of the burden of litigation.
Headnote:
Fact of the Case:
The petitioner, a 70-year-old man, filed a private complaint under Section 138 of the Negotiable Instrument Act against the respondent, who is over 80 years old. The petitioner sought an order to conclude and decide the complaint expeditiously, arguing that both parties are in the twilight of their lives and should be relieved of the litigation.
Finding of the Court:
The court noted that both parties are elderly and that it is imperative that they get rid of the litigation at the earliest. The court relied on the judgments of the Apex Court in Indian Bank Association and others Vs. Union of India and others and Makwana Mangaldas Tulsidas Vs. The State of Gujarat and another, which emphasized the need for expeditious disposal of cases involving elderly parties.
Issues: Whether the private complaint under Section 138 of the Negotiable Instrument Act should be concluded and decided expeditiously.
Ratio Decidendi: The court held that the private complaint should be concluded and decided expeditiously, considering the age of the parties and the guidance given by the Apex Court in the cases of Indian Bank Association (Supra) and Makwana Mangaldas Tulsidas (Supra).
Final Decision: The petition was disposed of with directions to both parties and the Trial Court to cooperate in the early conclusion of the trial. The respondent was directed not to take undue adjournments, and the Trial Court was directed to take all endeavors to decide the case expeditiously.
ORDER
1 . The present petition under Section 482 of the Cr.P.C. has been preferred by the petitioner seeking following relies:-
- "vr% ekuuh; U;k;ky; ls fuosnu gS fd vkosnd dh vksj ls izLrqr ;kfpdk Lohdkj dj fopkj.k U;k;ky; ls le{k yfacr izdj.k dzekad 2541@2022 eSllZ bUnj flag ,.M lu cuke vthr dqekj tSu vkfn dk fujkdj.k ,d fuf'pr le;kof/k esa fd;s tkus dk vkns'k iznku djus dh d`ik djsaA"
2. Grievance of the petitioner/complainant as reflected in this petition is (ANAND PATHAK) JUDGE that his private complaint filed under Section 138 of the Negotiable Instrument Act against the respondent may be concluded and decided at an expeditious note.
3. According to the counsel for the petitioner, petitioner is 70 years old and respondent is more than 80 years old (in one application his age is referred as 90 years). Therefore, both are at the twilight zone of their lives span, therefore, it is imperative that both must get rid of the litigation at the earliest. He relied upon the judgment of Apex Court in the case of Indian Bank Association and others Vs. Union of India and others reported in (2014) 5 SCC 590 and Makwana Mangaldas Tulsidas Vs. The State of Gujarat and another (Order dated 05.03.2020 passed in S.L.P. (Criminal) No.5464 of 2016). 4 . Considering the above submissions and the guidance given by the Apex Court in the cases of Indian Bank Association (Supra) and Makwana Mangaldas Tulsidas (Supra) in this regard, without issuance of notice to the other side to save time, this Court intends to allow the petition for limited purpose to the extent for issuance of directions to both the parties and Trial Court to cooperate in early conclusion of trial. Respondent/accused shall not take undue adjournments on flimsy pretext and if such adjournments are taken, then Trial Court shall take stern action against the respondent including heavy cost and other measures. Trial Court shall take all endevours to its command under trial and decide at an expeditious note.
5. Accordingly, the petition stands disposed of in above terms. Rashid Rashid
