Udayveer Singh vs Telluram

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 expedite the proceedings of Complaint No.1766 of 2019, Udayveer Singh vs. Telluram, under Section 138 of Negotiable Instrument Act, pending in the court of learned Judicial Magistrate-2nd Roorkee, District Haridwar as per the provisions of Section 143 (3) of the Negotiable Instruments Act, 1881.

Learned counsel for the applicant submits that the complaint was filed by the applicant on 05.09.2019 and the respondent-accused was summoned under Section 138 of the N.I. Act on 14.02.2020.

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 2019, 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.”

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 learned Judicial Magistrate-2nd, Roorkee, District Haridwar to expedite and conclude the proceedings of Complaint Case No.1766 of 2019, Udayveer Singh vs. Telluram under Section 138 of the Negotiable Instruments Act, 1881, as early as possible but not later than six months from today.