Rajpal Singh vs Praveen Kumar

LOK PAL SINGH, J.

1) By means of this petition, moved under Section 482 of Cr.P.C., the applicant has sought a direction to Additional Chief Judicial Magistrate Roorkee, Haridwar to expedite the hearing of Complaint Case No. 1806 of 2017, Rajpal Singh V. Praveen Kumar, relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and to decide the same within stipulated time as this court may deem fit and proper in the interest of justice.

2) Learned counsel for the petitioner drew attention of this court towards sub Section (3) of Section 143 of the Negotiable Instruments Act, 1881. The said provision is being reproduced here-in-under for ready reference:

“143(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.”

3) The prayer of the learned counsel for the petitioner is innocuous. It has been provided in the Statute that proceedings under the Negotiable Instruments Act shall be conducted as expeditiously as possible and further, a duty is cast upon the court concerned to conclude the trial within six months from the date of filing of the complaint. At least an endeavour has to be made in that respect and it will be appropriate to issue direction to the court where the present matter is pending to make an endeavour to conclude the trial keeping in view the spirit of the Statute as mentioned above.

There appears to be no need to hear the other party to enforce a statutory provision relating to expeditious disposal of a pending matter.

4) A direction is therefore, issued to the court seized with the matter to make an endeavour to decide the pending matter at an earliest and without unreasonable delay keeping in mind the intention of Legislature while drafting Section 143 of the Negotiable Instruments Act, 1881. Unnecessary adjournments shall not be granted in favour either party.

5) With this direction, the petition under Section 482 of Cr.P.C. is disposed of summarily at the admission stage itself.