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Allahabad HC orders completion of Section 138 dishonoured cheque case within six months The Allahabad HC directed the Chief Judicial Magistrate, Sant Kabir Nagar to conclude a complaint case under Section 138 of the Negotiable Instruments ...
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Allahabad HC orders completion of Section 138 dishonoured cheque case within six months
The Allahabad HC directed the Chief Judicial Magistrate, Sant Kabir Nagar to conclude a complaint case under Section 138 of the Negotiable Instruments Act, 1881 within six months. The applicant sought expedited trial of a dishonoured cheque complaint filed in 2022 that remained pending. The HC relied on SC directions in Indian Bank Association case emphasizing expeditious disposal of Section 138 cases without unnecessary technicalities, mandating courts follow prescribed procedures for speedy resolution of negotiable instrument matters.
Issues involved: The judgment involves the issue of expeditious disposal of a complaint case u/s 138 of the Negotiable Instrument Act pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
Details of the judgment: The applicant filed an application to direct the court below to expedite/decide the Complaint Case No. 10260 of 2022 u/s 138 Negotiable Instrument Act. The court noted that the opposite party had been arrested and released on bail. The applicant argued that the trial should have been concluded within six months as per Section 143(3) of the Act, and cited the directions of the Apex Court for expeditious disposal of such cases.
The Apex Court in various judgments has issued directions for speedy disposal of cases under Section 138 of the Negotiable Instruments Act. The Court emphasized the need for day-to-day trial, timely examination of witnesses, and expeditious conclusion of the trial. The Court directed all criminal courts to follow the procedures outlined for speedy disposal of cases under Section 138.
In another judgment, the Apex Court issued directions for expeditious trial under Section 138 of the Act, including recording reasons before converting trial, conducting inquiries efficiently, and recommending amendments for provision of one trial against a person for multiple offences within 12 months. The Court also addressed issues related to summon service, review of summon issue, and applicability of certain sections of the Code.
Based on the above judgments and directions, the Court directed the Chief Judicial Magistrate, Sant Kabir Nagar, to conclude the trial expeditiously within six months, in accordance with statutory provisions, and the directions of the Apex Court. The application was disposed of with this direction.
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