ANIL KUMAR Vs. SHAMSHER SINGH

JUDGEMENT

(1.) Petitioner, herein, an accused in a criminal complaint filed under Section 138 of the Negotiable Instrument Act (hereinafter referred to as the Act) in the Court of learned Chief Judicial Magistrate, Nahan, District Sirmour (H.P.), has filed this petition being aggrieved by order dated 13.07.2018, passed by the trial Court, in case No.150/3 of 2013, titled Shamsher Singh versus Anil Kumar, whereby defence of petitioner-accused has been closed by order of the want of presence of DW-1 Shiv Kumar, whose affidavit in examination-in-chief was tendered in evidence on 22.03.2018, but his cross-examination was deferred on the request made on behalf of complainant. Petitioner-accused had failed to produce the said witness on subsequent dates for his cross-examination resulting into the passing of impugned order.

(2.) Chapter XVII of the Act has been incorporated with a specific object of enacting a special provision by incorporating a strict liability so far as the cheque in Negotiable Instrument is concerned. The law relating to negotiable instruments is the law of commercial world and has been legislated to facilitate the activities in trade and commerce making provision of giving sanctity to the instruments of credit which could be deemed to be convertible into money and easily passable from one person to another.

(3.) The object is both, punitive as also compensatory and restitutive. It is an unique exercise which blurs the dividing line between civil and criminal jurisdiction. It provides a single forum and single proceedings for enforcement of criminal liability for dishonouring the cheque and for enforcement of civil liability for realization of the cheque amount, thereby obviating the need for the creditor to move to different fora for relief. Main purpose behind it is to provide a speedy disposal of the dispute arising out of a transaction by cheque. At the same time, it is also to be kept in mind that there is not only the provision of levy of fine/compensation but also sentencing the accused-respondent to imprisonment curtailing his prison liberty for commission of an offence. Therefore, balance of interest has to be maintained by the Courts. At the same time, an endeavour is always expected from the Court to avoid deliberate delay caused by any party with a purpose to linger on the proceedings.