2025 (5) TMI 1739

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....een filed for a direction to Additional Court No. 1 (Negotiable Instruments Act, 1881), Lucknow to decide the complaint case no. 493 of 2014, under Section 138 of the Negotiable Instruments Act, 1881 Police Station Gomti Nagar, District Lucknow pending adjudication since 2014 expeditiously. 3. Contention of learned counsel for the applicant is that though this complaint under N.I. Act was filed in the year 2014, but the trial could not yet be concluded. It is further submitted that as per Section 143(2) of N.I. Act, the trial for the offence under N.I. Act should be conducted on day to day basis and it is further provided u/s 143(3) that the trial should be concluded within six months from the date of filing of the complaint. 4. The A....

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.... affidavit, and the affidavit and the documents, if any, are found to be in order, take cognizance and direct issuance of summons. 23.2. The MM/JM should adopt a pragmatic and realistic approach while issuing summons. Summons must be properly addressed and sent by post as well as by e-mail address got from the complainant. The court, in appropriate cases, may take the assistance of the police or the nearby court to serve notice to the accused. For notice of appearance, a short date be fixed. If the summons is received back unserved, immediate follow-up action be taken. 23.3. The court may indicate in the summon that if the accused makes an application for compounding of offences at the first hearing of the case and, if suc....

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....ng conclusions: 1) The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons trial. 2) Inquiry shall be conducted on receipt of complaints under Section 138 of the Act to arrive at sufficient grounds to proceed against the accused, when such accused resides beyond the territorial jurisdiction of the court. 3) For the conduct of inquiry under Section 202 of the Code, evidence of witnesses on behalf of the complainant shall be permitted to be taken on affidavit. In suitable cases, the Magistrate can restrict the inquiry to examination of documents without insisting for examination of....

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....0.03.2021. 8) All other points, which have been raised by the Amicus Curiae in their preliminary report and written submissions and not considered herein, shall be the subject matter of deliberation by the aforementioned Committee. Any other issue relating to expeditious disposal of complaints under Section 138 of the Act shall also be considered by the Committee." 6. From the above mentioned judgements of Hon'ble Apex Court, it is clear that the Apex Court for expeditious disposal of cases under N.I. Act, has issued several directions which the concerned court/Magistrate has to follow while deciding the cases under N.I. Act. From the observations of the Apex Court as well as analysis of Sections 138 & 143 of N.I. Act, it is....