Sunil Kumar v. State of U.P. and Another

Court No. - 83 Case :- APPLICATION U/S 483 No. - 1497 of 2023 Applicant :- Sunil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A. Hon'ble Surendra Singh-I,J.

¶1Learned counsel for the applicant is permitted to make necessary correction in the application filed u/s 483 Cr.P.C.

¶2Heard Shri Abhishek Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

¶3The applicant has filed this application under Section 483 Cr.P.C. seeking a direction to the court concerned to decide the Complaint Case No. 2240 of 2022, (Sunil Kumar Vs. Vipin Kumar Singh) under Section 138 N.I. Act, Police Station Kotwali, District Jaunpur pending before the Additional Civil Judge ( J.D.)/ Judicial Magistrate, Vth, Jaunpur.

¶4From perusal of the order sheet, it transpires that the complainant has instituted the case on 23.03.2022. The trial court vide order dated 25.8.2022 has summoned the Vipin Kumar Singh, opposite party no. 2 to face the trial under Section 138 Negotiable Instruments Act. The accused Vipin Kumar surrendered before the trial court and, on being moved application for bail, he was released on bail.

¶5It is submitted that the statement chart of the accused was recorded by the trial court and the case is not upto the mark. More than 1 and half years lapsed and the trial under section 138 N.I. Act has not been concluded.

¶6Looking to the nature of the order that this Court proposes to pass, issue of notice to opposite party No. 2 is being dispensed with inasmuch as rights of parties are not being determined here in any manner.

¶7It appears that the trial of the case is not progressing with the speed as mandated by Section 143 (2) and (3) of the Negotiable Instruments Act, 1881. The proceedings under Section 138 N.I. Act are summary remedy in aid of commercial transactions. The purpose of the remedy is to provide expeditious realization of the proceeds of a cheque that is dishonored. In its nature, it ought to be dealt with swiftly. The court should be vigilant to preclude adjournment of the case on flimsy grounds.

¶8The provisions of Section 143 (2) and (3) of the Negotiable Instruments Act, 1881 provides for expeditious disposal of case which are as follows :

¶143Power of Court to try cases summarily-

(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing.

(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.

¶9The Apex Court in "Re: Expeditious Trial of Cases under Section 138 N.I. Act, 1881" Suo Motu Writ Petition (Crl.) No. 02 of 2020 has issued guidelines to the Magistrate for expeditious disposal of cases under Section 138 N.I. Act, 1881.

¶10Considering the facts and circumstances of the case and the aforesaid provisions of Section 143 (2) and (3) of the Negotiable Instruments Act, 1881, the guidelines of the Apex Court in the aforesaid case, the Additional Civil Judge ( J.D.)/ Judicial Magistrate, Vth, Jaunpur is directed to decide the aforesaid complaint case expeditiously, preferably within a period of six months without granting unnecessary adjournments to either of the parties, if there is no legal impediment.

¶11In view of the aforesaid directions, the application is disposed of.

¶12It is made clear that anything said in this order shall not affect the rights of both parties either way and the trial court shall be free to decide the complaint in accordance with law and the evidence led by parties unaffected by anything said in this order. Order Date :- 7.12.2023 SFH High Court of Judicature at Allahabad