Anant Tyagi vs Monu Alias Vivek Tyagi

Pankaj Purohit, J

Heard learned counsel for the applicant.

By means of this C528 application, applicant has sought the indulgence of this Court for a direction to the learned Additional Chief Judicial

Magistrate, Roorkee, District Haridwar to expedite the proceedings of Complaint Case No.121 of 2022A nant Tyagi Vs. Monu @ Vivek Tyagi, for

the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 pending before it within a stipulated time.

Learned counsel for the applicant submits that the complaint was filed by the applicant on 25.02.2022 and the respondent-accused was summoned

under Section 138 of the NI Act on the same day i.e.09.09.2022.

Learned counsel for the applicant further submits that under Section 143(3) of the NI Act, the law has enjoined the duty upon the trial court to

conclude the trial under Section 138 of the NI Act within a period of 06 months and since, in the case in hand, more than almost two and a half year

has expired, a direction is needed to learned trial court to expedite the proceedings of the Complaint Case No.121 of 2022.

I have perused the provision of Sub-Section (3) of Section 143 of the NI Act, which is quoted below:

“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.â€​

In view of the statutory obligation upon the Court to decide the case of the NI Act within a period of 06 months from the date of filing of the

complaint, the present C528 application is disposed of with a direction to learned Fourth Additional Chief Judicial Magistrate, Dehradun to expedite

and conclude the proceedings of Complaint Case No.121 of 2022 Anant Tyagi Vs. Monu @ Vivek Tyagi, under Section 138 of the Negotiable

Instruments Act, 1881, as early as possible but not later than one year from today.