THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 9573 OF 2025

ORDER

This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of the Docket order dated 16.07.2025 in S.T.C.N.I.No.169 of 2025 on the file of the I Additional Junior Civil Judge-cum-XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally (for short, ‘trial Court’).

2. Heard Mr. Karra V.V.S.N. Murthy, learned counsel for petitioner.

3. The petitioner submits that he has instituted a private complaint under Section 138 of the Negotiable Instruments Act, 1881 (‘the NI Act’), which is presently pending at the stage of issuance of summons before the learned Trial Court and the summons were ordered to be issued to the accused on 16.07.2025. However, the matter was subsequently adjourned to 16.03.2026, resulting in an approximate eight-month gap from the date of issuance of summons.

4. Learned counsel for the petitioner contends that such a prolonged adjournment is inconsistent with the binding Practice Directions issued by this Hon’ble Court vide Circular No.11 of 2021 dated 21.06.2021. The said Circular specifically mandates that all Magistrate Courts are to endeavor to conclude trials under Section 138 of the NI Act within the statutorily prescribed period of six (6) months. The counsel submits that the adjournment order, in its present form, undermines the legislative intent behind the expeditious disposal of cheque dishonour cases and fails to adhere to the procedural discipline prescribed by the said Circular.

5. I have perused the materials on record.

6. In accordance with the directions issued by the Hon’ble Supreme Court of India in Suo Motu Writ Petition (Criminal) No. 2 of 2020, titled “In Re: Expeditious Trial of Cases under Section 138 of the Negotiable Instruments Act, 1881”, this Court had issued binding Practice Directions vide Circular No. 11 of 2021 dated 21.06.2021. Through the said Circular, all Magistrate Courts were expressly directed to make every effort to ensure that trials under Section 138 of the NI Act are concluded within the statutorily prescribed time frame of six (6) months.

7. However, in the instant case, the learned Trial Court, at the very preliminary stage of issuance of summons, adjourned the matter to a date nearly eight months later. Such a course of action runs contrary to both the letter and spirit of the directions issued by this Court and the Hon’ble Supreme Court. The excessive delay at the summons stage effectively frustrates the objective of conducting prompt and efficient trials in cheque dishonour cases, thereby undermining judicial discipline and the statutory mandate for timely adjudication.

8. In view of the foregoing, the impugned docket order dated 16.07.2025 is found to be unsustainable in law and is accordingly set aside.

9. Consequently, this Criminal Petition is allowed. The learned Trial Court is directed to relist the matter on or before 15.09.2025. The petitioner shall appear before the Trial Court within two weeks from the date of this order, i.e., on or before 14.08.2025, and shall take necessary steps to file a fresh process for issuance of summons, in the event the earlier process issued pursuant to the order dated 16.07.2025 has been dispatched.

Pending miscellaneous applications, if any, shall stand closed.

_____________________ JUSTICE N.TUKARAMJI Date: 30.07.2025

PVT