Mahesh Chandra Agarwal vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant-accused has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to set aside the impugned order dated 08.12.2021, passed by the Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Complaint Case No. 3545 of 2014, “Puneet Kumar Agarwal vs. Mahesh Chandra Agarwal”, filed under Section 138 of the Negotiable Instruments Act, 1881.

In the said complaint case, after conclusion of the evidence of the complainant, the applicant-accused filed an application to summon the Bank Officer along with records. The said application was allowed by the learned trial court. The applicant could not take necessary steps, therefore, the learned trial court vide order dated 02.08.2019 closed the opportunity of defence. The applicant challenged the said order dated 02.08.2019 in revision and the said revision was allowed with the cost of Rs.10,000/-. Due to illness of the applicant’s wife, the applicant could not pay the said amount. On 15.11.2021, the applicant filed an application before the trial court to accept the amount of Rs.10,000/-and to issue summons to the witness. The said application has been rejected by the impugned order.

Heard Mr. P.C. Petshali, the learned counsel with Mr. Yogesh Upadhyay, the learned counsel for the applicant, Mr. Lalit Miglani, the learned A.G.A. for the State/respondent no.1 and Mr. Sanjay Kumar, the learned counsel appearing for the respondent no.2.

The learned counsel appearing for the applicant submitted that due to the illness of the applicant’s wife, the applicant could not pay the amount of Rs.10,000/- as directed by the Revisional Court. The applicant is an old aged person of 66 years. He is ready to deposit the said amount unconditionally without any delay.

The learned counsel appearing for the respondent no.2 requested to direct the trial court to decide the complainant case most expeditiously.

In the facts and circumstances of the case, the present application, filed under Section 482 of the Code of Criminal Procedure, is allowed on the cost of Rs.4,000/-. The impugned order dated 08.12.2021 is set aside.

The learned counsel for the applicant requested one weeks’ time to pay the whole amount i.e. 10,000/-+4,000/- to the respondent no.2 and to take steps to summon the Bank employee.

In Indian Bank Association and Others vs. Union of India and Others, (2014) 5 SCC 590, the Hon’ble Supreme Court has directed all the Criminal Courts in the country dealing with the cases under Section 138 of the Negotiable Instruments Act, 1881 for speedy and expeditiously disposal of the cases falling under Section 138 of the Negotiable Instruments Act, 1881.

Therefore, keeping in mind the directions of the Hon’ble Supreme Court, the concerned Magistrate, is hereby directed to expedite the proceedings of the said Complaint Case No. 3545 of 2014, “Punit Kumar Agarwal vs. Mahesh Chandra Agarwal”, under Section 138 of the Negotiable Instruments Act, 1881 and complete the trial most expeditiously, preferably within a period of one month from the date of receipt of the certified copy of this order.

The Criminal Miscellaneous Application No.757 of 2022 is disposed of, accordingly.

Let a certified copy of this order be issued to the learned counsel for the applicant, within 24 hours, on payment of usual charges.