ISHAK LAL Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) This criminal misc. application is filed under Sec. 528 of B.N.S.S. by the petitioner for expeditious disposal of Complaint Case No.682 of 2021, "Ishak Lal vs. Devendra Kumar" pending before the learned Additional Chief Judicial Magistrate (Senior Division) Roorkee, District Haridwar under Sec. 138 of Negotiable Instruments act ('the Act' in short) against the respondent on day to day basis as far as possible within a time period of six months as envisaged under Sec. 143(2) and (3) of the Act.

(2.) Learned counsel for the petitioner would submit that the proceedings under Sec. 138 of the Act are summary in nature and therefore, the same have to be decided within six months of initiation of proceedings, but the aforementioned matter has been pending since 16/4/2021 and the same is not only abuse of process of law but also violation of settled proposition of law laid down by the Hon'ble Supreme Court wherein the proceedings under Sec. 138 of the Act has to be decided within six months of the initiation of the proceedings.

(3.) He would refer the statutory provision enshrined under Sec. 143(2) of the Act, which says that the trial of a case under this Sec. shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing, and; Sec. 143(3) of the Act says that Every trial under this Sec. 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.