SHEELARANI Vs. S.RAVEENDRAN NAIR

JUDGEMENT

(1.) This case portrays the ordeal of a complainant in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881. Notwithstanding the legislative mandate in the Act, for the expeditious determination of such prosecutions, even after an agonising wait of more than two decades and 100 posting dates, the complainant's cross-examination is yet to be recorded.

(2.) The 1st respondent instituted Annexure-A complaint before the Judicial First-Class Magistrate Court-I, Attingal, on 10/11/2004, alleging that a cheque for 8,00,000/- issued by the petitioner got dishonoured due to insufficiency of funds in her bank account. Though a statutory demand lawyer notice was issued, the petitioner failed to discharge the liability. Instead, she sent a reply raising untenable contentions. Consequently, the 1st respondent filed the complaint alleging the commission of the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 ("Act" for brevity).

(3.) After recording the sworn statement of the complainant, the complaint was taken on file as C.C. No.1064 of 2004 by the Court of the Judicial First-Class Magistrate-I, Attingal. Subsequently, the complaint was transferred to the Court of the Judicial First-Class Magistrate-IV, Attingal (hereinafter referred to as "Trial Court"), and renumbered as S.T. No.3958 of 2017.