Court No. - 72
Case :- MATTERS UNDER ARTICLE 227 No. - 6335 of 2019 Petitioner :- Subodh Kumar Sharma Respondent :- Additional Chief Judicial Magistrate -Ii And Another Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
The instant petition has been filed to direct the Additional Chief Judicial Magistrate-II, Bulandshahr to consider and decide the Complaint Case No. 2652 of 2017 (Subodh Kumar Sharma Vs. Musrrat Ali), under Section 138 of N.I. Act, Police Station Aurangabad, District Bulandshahr, as expeditiously as possible preferably within the time stipulated.
The contention is that a complaint under Section 138 of the N.I. Act, lodged by the applicant is pending before the court concerned since 2017. Even though dates are being fixed at regular intervals, no tangible progress is made, which is virtually defeating the legislative mandate of Section 143(3) of the Act, which provides that the trial of such offences, 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.
The judgments of the Apex Court in the cases of Indian Bank Association and others v. Union of India and others, (2014) 5 SCC 590 and J.V. Baharuni and another v. State of Gujarat and another, 2014 SCC 494 (para-61) also affirm the said mandate.
The learned Magistrate shall ensure that the proceedings of the complaint case are taken to its logical conclusion as expeditiously as possible.
Adjournments, if any, shall be for very strong and compelling reasons, to be recorded in writing, else would attract a cost of not less than Rs.300/- per date.
The compliance be reported to this Court. Subject to aforesaid, this petition is disposed of.
Order Date :- 22.8.2019 T. Sinha