Madhurima Panwar vs State Of Uttarakhand And Another

N.S. Dhanik, J

By means of this application under Section 482 Cr.P.C., applicant has prayed that the proceedings under challenge be ordered to proceed on day to day basis by the trial Court as per the procedure prescribed in Negotiable Instruments Act in Criminal Case No. 2754 of 2019, "Smt. Madhurima Panwar vs. Kaleem Ansari", under Section 138 of N.I. Act, registered at P.S. Kotwali Roorkee, District Haridwar, pending before the ACJM, Roorkee, and to prepone the date fixed 13.01.2020 to some early date in the month of November, 2019 and the warrants ordered to be issued by the trial Court also be ordered accordingly.

Learned Senior Counsel for the applicant submits that the complaint in the instant case was filed on 04.06.2019 with the evidence of 200 Cr.P.C. on the same day with a request to consider the evidence on record filed with the complaint and the evidence of statement of the complainant with a request to no other evidence the applicant desires to adduce in support of the complaint. He also submits that the learned Magistrate without considering the nature of procedure in Negotiable Instrument Act of the spirit to expedite the proceedings, he fixed the date for the arguments on summoning of the accused after a month i.e. 06.07.2019. Thereafter, on 17.07.2019, the accused was summoned to face the trial on the fixed date for his appearance of after three months on 16.10.2019. He also submits that on 16.10.2019, the case was further fixed for 13.01.2020.

Learned Senior Counsel for the applicant placed reliance on the Section 143 of Negotiable Instrument Act, which provides as under:

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

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Chapter shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials:

Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding five thousand rupees:

Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.

(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.

Learned Senior Counsel also submits that in complete derogation of Section 143, sub-Section (2) and (3) of the Act, the proceedings have pending for more than six months as the dates given by the trial Court have span of three months every time, with no reasons.

Considering the submission advanced by learned counsel for the parties, the present criminal misc. application is disposed of with a direction that the date fixed by the trial Court on 13.01.2020 is modified as 22.11.2019. It is further provided that if the applicant will appear before the trial Court, the trial should proceed on day to day basis as per Section 143 (2) of Negotiable Instruments Act, 1881 and the trial Court shall make endeavor to conclude the same, in view of Section 143 (3) of the Negotiable Instruments Act, 1881.