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Judgment
Petitioner has filed the present petitions seeking direction to the respondents to decide the pending complaint case bearing Criminal Case
Nos.5325/2018 & 9954/2018 registered under Section 138 of Negotiable Instruments Act within the fixed time period and the respondents be
restrained to seek unnecessary adjournments.
Petitioner has filed the complaint u/S.138 N.I. Act against the respondents on 04.12.2018.
Vide order dated 05.12.2018, the learned Judicial Magistrate First Class-Indore took a cognizance and issued the summons for appearance of the
respondents. The respondents appeared on 24.09.2019 and submitted that the entire amount had already been returned to the complainant on
10.01.2019. The trial Court has released them on furnishing the bail. Thereafter, case was listed on 18.10.2019 and 10.12.2019. On 10.12.2019 the
case was fixed for hearing on 03.02.2020.
At this stage, the petitioner has approached this Court seeking directions to the learned JMFC to decide the case within the time bound period i.e six
months. In support of his contention, learned counsel for the petitioner has placed reliance over the judgment passed by the Hon'ble apex Court in the
case of Makwana Mangaldas Tulsidas vs. The State of Gujarat and another reported in SLP (criminal) no.5464/2016, in which apex Court has shown
the concerned for early disposal of the complaint case filed under Section 138 of N.I. Act by way of summary trial. In the aforesaid case, the apex
Court has appointed Shri Sidharth Luthra, Senior Advocate to assist the Court as Amicus Curiae in order to form a mechanism for expeditious
adjudication of theses cases as per the legal mandate. Therefore, as such there is no direction for deciding the case within six months. The apex Court
has also mentioned that the endeavour must be made to conclude the trial within six months from the date of filing of the complaint and the main cause
for delay is delay in ensuring the presence of accused before the Court. The apex Court is yet to decide the matter finally.
As on today, in this case all the respondents have been served. The JMFC, Indore is heavily burden with the cases, therefore, it would be very difficult
for the Court to conclude the every and each case within six months. Both the petitioner and respondents are business tycoon and there is a dispute of
business transactions between them, therefore, it is too early to give any direction to the trial Court to conclude the trial out of turn by giving priority to
these cases.
Hence, M.Cr.C. No.7926/2020 & M.Cr.C. No.7898/2020 are dismissed.