KHANNA HOTELS PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) . Every law must perish if its enforceability is neither ensured nor made feasible by the concerned authorities. Otherwise remedy proves worst than the disease or peril. Same is the state of law relating to prosecutions under Section 138 of the Negotiable Instruments Act i.e bouncing of cheques issued towards whole or part of the liability at least in the metropolis of Delhi.

(2.) . This law provides penalties in case of dishonour of cheques due to insufficiency of funds in the account of the drawer of the cheque. These provisions were incorporated with a view to encourage the culture of use of cheques and enhancing the credibility of the instrument. Unamended law provided not only a cumbersome procedure but punishment was also inadequate. Courts were unable to dispose of such cases expeditiously in a time : bound manner. Keeping in view the large number of cases pending in various courts in the country, the legislature by enacting Section 143 of the Act prescribed for summary trial of the cases under this Act and mandated that so far as practicable consistently with the interests of justice trial shall be continued from day-to-day until its conclusion and every trial shall be conducted as expeditiously as possible and ah endeavour shall be made to conclude the trial within six months from the date of the filing of the complaint.

(3.) . This petition and many more like this project and demonstrate the sorry and sad state of trials of these cases in the Courts of Delhi. What to talk of concluding the trial in six months, one date of appearance of accused spreads to more than one year. As a consequence thousands of cases are pending for several years.