AMARJEET SINGH MOURYA Vs. SURAJ KUMAR PEON

JUDGEMENT

(1.) By way of this application / petition, moved under Section 482 of Cr.P.C., the applicant prays for direction to the court of Addl. Chief Judicial Magistrate, Roorkee to expedite the trial of the complaint case no. 8046 of 2011, Amarjeet vs. Suraj Kumar under Section 138 of the Negotiable Instruments Act, pending before said court.

(2.) It is submitted by learned counsel for the applicant that a complaint case no. 8046 of 2011 captioned as Amarjeet vs. Suraj Kumar under Section 138 of the Negotiable Instruments Act is pending disposal in the court of Addl. Chief Judicial Magistrate, Roorkee. Summons were issued to the respondent on 09.04.2012, but the respondent put in his appearance only on 06.07.2012, when bailable warrants were issued by the court against him. The respondent is trying to prolong the case on one pretext or another. In the course of trial, the respondent absconded, as a consequences of which, the court below was compelled to issue bailable warrants against the respondent once again on 21.01.2013. The accused is not appearing before the court below in order to avoid the trial.

(3.) Speedy justice is one of the fundamental rights of a person under Article 21 of the Constitution of India. It is provided under Section 143(3) of the Negotiable Instruments Act that the Magistrate shall endeavour to dispose of the disputes relating to said Act as expeditiously as possible, preferably within six months from the date of filing of the complaint.