Sanjay Kumar Jain vs Vardhman Roller Flour Mills Pvt. Ltd. & Others

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 direct the court of learned Judicial Magistrate,

First Class, Roorkee, District Haridwar to decide and conclude the proceedings of Criminal Complaint Case No.554 of 2023 (Old No.1747/2022)

Sanjay Kumar Jain vs. Vardhman Roller Flour Mills, under Section 138 of Negotiable Instruments Act, 1881, P.S. Kotwali Manglaur, District

Haridwar pending since 27.09.2022 as expeditiously as possible.

Learned counsel for the applicant submits that the complaint was filed by the applicant on 27.09.2022 and the respondents-accused were

summoned under Section 138 of the N.I. Act and the matter is pending since 2022.

It is argued by the learned counsel for the applicant 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, the matter is pending since 2022,

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, 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.â€​

In view of the statutory obligation upon the Court to decide the case of the N.I Act within a period of six months from the date of filing of the

complaint, the present C528 application is disposed of with a direction to the learned Judicial Magistrate, First Class, Roorkee, District Haridwar to

decide the proceedings of Criminal Complaint Case No.554 of 2023 (Old No.1747/2022) Sanjay Kumar Jain vs. Vardhman Roller Flour Mills, under

Section 138 of Negotiable Instruments Act, 1881, as early as possible but not later than twelve months from today.