Court No. - 83
Case :- MATTERS UNDER ARTICLE 227 No. - 1221 of 2021 Petitioner :- Nipun Mohan Respondent :- Judicial Magistrate And Another Counsel for Petitioner :- Mohit Kumar Shukla
Hon'ble Rajeev Misra,J.
Heard Mr. Mohit Kumar Shukla, learned counsel for petitioner. Perused the record.
This petition under Article 227 of the Constitution of India has been filed for a direction to respondent-1, Judicial Magistrate-I, Bulandshahr to decide Complaint Case No.1326 of 2018, (Nipun Mohan Vs. Smt. Hansa Negi), under Section 138 N.I. Act, Police Station- Kotwali Nagar, District- Bulandshahr within stipulated time fixed by this Court.
Record shows that feeling aggrieved on account of non- encashment of cheque bearing No.454039 dated 06.04.2017 for Rs.75,000/- executed by respondent-2, Smt. Hansa Negi, petitioner filed complaint case on 05.08.2017, which was initially registered as Complaint Case No.4625 of 2017, (Nipun Mohan Vs. Smt. Hansa Negi). Summon was issued to respondent-2 by court concerned vide order dated 14.12.2017. However, respondent-2, Smt. Hansa Negi did not appear before court below. Subsequently, bailable warrant valued at Rs.5,000/- was issued against respondent-2 by court below vide order dated 09.09.2019. Thereafter, respondent-2 appeared before court below and applied for bail which was granted vide order dated 12.09.2019. Order sheet shows that charges have not been framed as yet. As such, case is at the stage of framing of charge.
Learned counsel for petitioner contends that above-mentioned complaint case has remained pending for almost four years. He has invited attention of Court to the provisions contained in Section 143(3) of N.I. Act and on basis thereof, it is contended that above-mentioned complaint case ought to have been decided within a period of six months. However, inspite of specific mandate of law, above-mentioned complaint case has remained pending for almost four years. He has then invited attention of Court to the order-sheet of above-mentioned case and on basis thereof, it is urged that delay in conclusion of above-mentioned complaint is not attributable to applicant. He further contends that the order-sheet does not indicate any reason as to why above-mentioned complaint case could not be decided within the period prescribed under the Act itself.
Upon perusal of order-sheet, Court has doubt as to whether proceedings of above-mentioned complaint case shall proceed as a complaint case. In all propriety, concerned Magistrate should have proceeded with above-mentioned case as a summary trial case. Irrespective of above, this Court finds that no useful purpose shall be served by keeping this petition pending.
Accordingly, this petition is finally disposed of with a direction to respondent-1, Judicial Magistrate-I, Bulandshahr to conclude the proceedings of Complaint Case No.1326 of 2018, (Nipun Mohan Vs. Smt. Hansa Negi), under Section 138 N.I. Act, Police Station- Kotwali Nagar, District- Bulandshahr with all expedition without granting any unnecessary adjournment to either of the parties preferably within a period of six months from the date of production of a certified copy/computer generated copy of this order which shall be filed by petitioner before respondent-1 by means of a notary affidavit.
Order Date :- 30.7.2021 Saif