Court No. - 73
Case :- APPLICATION U/S 482 No. - 17907 of 2021 Applicant :- Vikas Jindal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amresh Malviya,Jai Prakash Prasad Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Jai Prakash Prasad, learned counsel for the applicant, Sri Om Prakash Dwivedi, learned AGA for the State and perused the record of the case.
By way of the present application under Section 482 Cr.P.C. the applicant prays that the trial court may be directed to decide Compaint No. 252 of 2015 (Vikas Jindal Vs. Akash Verma) relates to Section 138 the Negotiable Instruments Act, 1981( in short the Act), Police Station Sector-20, NOIDA, District Gautambuddh Nagar, pending in the court of ADDL IIIrd, Gautam Buddh Nagar, as expeditiously as possible, within some stipulated period.
Learned counsel for the applicant submitted that the applicant is the complainant of the case and he filed a complaint under Section 138 of the Act in the year 2007 and on 3.12.2007 summons were issued to the accused in the present case but till 6.12.2014 trial of the complaint filed by the applicant could not be concluded and on 6.12.2014 the complaint case filed by the applicant was returned back by the trial court in pursuance of the judgment of the Hon'ble Supreme Court in Criminal Appeal No.2287 of 2009 (Dashrath Roop Singh V. State of Maharashtra and others), as the court, where the complaint of the applicant was pending, was not having jurisdiction to try it. Thereafter, on 7.1.2015 the complaint was presented by the applicant before ACJM, Gautam Buddh Nagar till then it is pending.
Learned counsel for the applicant further contended that the complaint filed by the applicant is of Section 138 of the Act and it is pending for more than 14 years, as it was initially filed by him in the year 2007 but even if it is presumed that the applicant presented again it in the year 2015, then also six years have already been elapsed and till date trial court could not even secure the presence of accused in the present case, therefore, a direction should be given to the trial court to decide the complaint filed by the applicant under Section 138 of the Act within stipulated period of time.
Learned AGA having no objection, if such direction is issued in this regard.
I have heard learned counsel for both the parties and perused the record of the case.
The record of the case shows that the complaint filed by the applicant, after the judgment of the Hon'ble Supreme Court, was presented before the court concerned, who was having jurisdiction to try it on 7.1.2015 and thereafter on 4.1.2016 non-bailable warrants were issued against the accused, which are still being issued against the accused.
Surprisingly, even till today, non-bailable warrant issued against the accused could not be executed. The order sheet of the case although shows that since 4.1.2016, non-bailable warrants are being issued regularly against the accused but the order sheet does not reveal the reason that why even after five years, non-bailable warrants could not be executed upon the accused. There is no report from the police authority concerned in this regard nor it appears that any serious effort was made by the trial court and further the trial court did not issue any proclamation and process under Section 82/83 Cr.P.C. against the accused.
The present matter relates to Section 138 of the Act and as per Section 143 (3) of the Act, every trial under Section 138 of the Act shall be concluded, as expeditiously as possible, and endevaour shall be made to conclude the trial within six moths from the date of filing of the complaint.
Therefore, considering this statutory provisions, it is directed that the trial court shall make all endeavor to conclude the trial of the case, as expeditiously as possible, preferably within six months, without granting unnecessary adjournment to either of the parties, if there is no legal impediment after securing the presence of the applicant and for securing the presence of the applicant, the trial court shall take all steps, which is necessary in this regard.
With the aforesaid observation/direction, the present application under Section 482 Cr.P.C. stands finally disposed of.
Order Date :- 22.12.2021 SKM