Israr Ahmad vs Tasim Ali

Pankaj Purohit, J

By means of this present C528 application, applicant has sought the indulgence of this Court for a direction to direct the court of learned IIIrd Judicial Magistrate, District Dehradun to decide and conclude the proceedings of Complaint Case No.3681 of 2023, Israr Vs. Tasim Ali, under Section 138 of Negotiable Instruments Act, 1881 (for short “N.I. Act, 1881”), P.S. Clementown, District Dehradun pending since 08.06.2023 as expeditiously as possible.

Learned counsel for the applicant submits that the complaint was filed by the applicant on 08.06.2023 and the respondent-accused was summoned under Section 138 of the N.I. Act, 1881.

It is argued by the learned counsel for the applicant that under Section 143(3) of the N.I. Act, 1881, the law has enjoined the duty upon the trial court to conclude the trial under Section 138 of the N.I. Act, 1881within a period of 06 months, therefore, a direction is needed to learned trial court to expedite the proceedings of the aforesaid complaint case.

I have perused the provision of Sub-Section (3) of Section 143 of the N.I. Act, 1881, which is quoted below:-

“143. Power of Court to try cases summarily.-

(1)…………..

(2)………..

(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.”

In view of the statutory obligation upon the Court to decide the case of the N.I. Act, 1881within a period of six months from the date of filing of the complaint, the present C528 application is disposed-off with a direction to the learned IIIrd Judicial Magistrate, District Dehradun to decide and conclude the proceedings of Complaint Case No.3681 of 2023, Israr Vs. Tasim Ali, under Section 138 of N.I. Act, 1881, P.S. Clementown, District Dehradun, as early as possible but not later than twelve months from today.