Prem Sagar vs Amit Sarkar

Pankaj Purohit, J

By means of this writ petition, petitioner has sought indulgence of this Court for a direction to the court of learned Judicial Magistrate/IInd Upper Civil Judge (J.D.), District Haridwar to decide and conclude the proceedings of Complaint Case No.137 of 2018, Prem Sagar Vs. Amit Sarkar, under Section 138 of Negotiable Instruments Act, 1881 (for short “N.I. Act, 1881”), pending for long, as expeditiously as possible.

Learned counsel for the petitioner submits that the complaint was filed by the petitioner on 06.03.2018 and the respondent-accused was summoned under Section 138 of the N.I. Act, 1881.

It is argued by the learned counsel for the petitioner 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, 1881, within 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 writ petition is disposed-off with a direction to learned Judicial Magistrate/IInd Upper Civil Judge (J.D.), District Haridwar to decide and conclude the proceedings of Complaint Case No.137 of 2018, Prem Sagar Vs. Amit Sarkar, under Section 138 of N.I. Act, 1881, as early as possible, but not later than twelve months from today.