N SREEDHARAN Vs. RAMCHANDRAN PILLAI

JUDGEMENT

(1.) A pernicious practice appears to be in vogue before the subordinate courts in prosecutions under Section 138 of the Negotiable Instruments Act. The cases are posted to distant dates by notification without the presiding officer applying his mind to the question whether service is complete or not. The practice definitely deserves to be frowned upon and discouraged. The practice has got to be discontinued forthwith.

(2.) THE petitioner is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act. He is aged 72 years. Cognizance has been taken. The accused has not entered appearance so far. The complaint was filed on 1-3-2007. The case was then posted to 24-11-2007. On that day, the case was adjourned by notification to 26-3-2008. On 26-3-2008, the case was adjourned to 2-4-2008. On 2-4-2008, the case was adjourned to 18-2-2009-all by notification. The service is not complete yet.

(3.) FINDING the procedure adopted to be unjustified and improper, report of the learned Magistrate was called for. The report perhaps confirms the apprehension and only aggravates the situation. The learned Magistrate reports that no steps have been taken by the complainant so far for issue of process to the accused. No orders under Section 203 or 204 is seen passed also.