2022 (6) TMI 36 - HC - Indian Laws

Dishonor of Cheque - time limitation to decide a complaint filed under the provisions of Negotiable Instruments Act - case of applicant is that as per the provision of Section 143(3) of the Negotiable Instruments Act a complaint filed under the provisions of Negotiable Instruments Act should be decided within a period of six months from the date of its filing. HELD THAT - The complaint filed by the applicant under Section 138 of the Negotiable Instruments Act is pending since September 2019 no doubt after that Covid 19 pandemic emerged but inspite of that by virtue of the provision of Section 143(3) Negotiable Instrument Act trial under the provisions of Negotiable Instrument Act shall be conducted as expeditiously as possible and trial court shall make all the endeavour to conclude the trial within six months from the date of filing of the complaint and further Constitution Bench of the Apex Court in IN RE EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881 2022 (5) TMI 978 - SUPREME COURT also directed to expedite the proceedings pending under Section 138 of the Negotiable Instrument Act therefore in view of the matter trial court is directed to expedite the proceedings of the aforesaid complaint case filed under the Negotiable Instrument Act and shall make all endeavour to decide the same within a period of six months from the date of production of certified copy of this order. Application disposed off.

Summary

Issues:
1. Delay in deciding a complaint under Section 138 of the Negotiable Instruments Act, 1881.

Analysis:
The applicant filed a plea seeking directions to expedite the proceedings of a complaint case under Section 138 of the Negotiable Instruments Act, 1881. The applicant argued that despite filing the complaint in September 2019, the trial court had not decided the case. It was contended that as per Section 143(3) of the Act, such complaints should be decided within six months of filing. The learned counsel emphasized the need for the trial court to expedite the proceedings and make a decision within a stipulated time frame.

The learned Additional Government Advocate (A.G.A.) acknowledged that the delay in deciding the complaint was likely due to the emergence of the Covid-19 pandemic after the filing of the complaint. However, the A.G.A. did not contest the requirement under Section 143(3) for complaints under the Negotiable Instruments Act to be decided within six months. Consequently, the A.G.A. expressed no objection to directing the trial court to expedite the proceedings and reach a decision within the specified period.

After considering the arguments and reviewing the case record, the court noted that the complaint had been pending since September 2019. Despite the impact of the Covid-19 pandemic, the court highlighted the imperative under Section 143(3) for expeditious conduct of trials under the Negotiable Instruments Act. Referring to a directive from the Constitution Bench of the Supreme Court, the court emphasized the need to expedite proceedings under Section 138 of the Act. Consequently, the trial court was directed to accelerate the proceedings of the complaint case and endeavor to reach a decision within six months from the date of issuance of the order.

In conclusion, the court disposed of the application with the directive for expediting the proceedings of the complaint case under the Negotiable Instruments Act and emphasized the importance of concluding the trial within the specified period to ensure timely resolution of the matter.