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TMI Blog2017 (9) TMI 1444X X X X Extracts X X X X X X X X Extracts X X X X ..... his complainant was taken by the learned Metropolitan Magistrate-02 Karkardooma Court vide order dated 29.04.2014. 3. Pursuant to the order dated 18.07.2017 of this court, a report dated 23.08.2017 has been received from concerned Metropolitan Magistrate. 4. Learned counsel for the petitioner had argued that according to Section 143(3) of the NI Act, 1881, all trials under this Act are to be conducted as expeditiously as possible and an endeavour has to be made to conclude the trial within six months. 5. He further relied upon the judgment of the Hon'ble Supreme Court in Indian Bank Association and Others v Union of India and Others (2014) 5 SCC 590 where the following guidelines were laid down:- "Directions 23. Many of the dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case for defence evidence, unless an application is made by the accused under Section 145(2) for recalling a witness for cross-examination. 23.5. The court concerned must ensure that examination-in-chief, cross-examination and re-examination of the complainant must be conducted within three months of assigning the case. The court has option of accepting affidavits of the witnesses instead of examining them in the court. The witnesses to the complaint and the accused must be available for cross-examination as and when there is direction to this effect by the court. 24. We, therefore, direct all the criminal courts in the country dealing with Section 138 cases to follow the abovementioned procedures for speedy and expeditious disposal of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unded in the above referred judgments that the complaint under Section 138 of the N.I. Act is a summary trial and all efforts must be made by the Courts conducting trial to dispose of the matter as expeditiously as possible. The law propounded in Indian Bank Association's case (supra) is also not in dispute. There is also no dispute about the Circular issued by this Court directing the Courts below to make every possible endeavour to dispose of the cases in time bound manner. 6. But this Court cannot lose sight of the fact that the Courts of Magistrates are already over burdened with thousands of cases. Every day, number of new cases are assigned to almost every Court. The Judge holding the Court is to take up the cases/matters as per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaint was filed on 29.04.2014 and on the same day the accused was ordered to be summoned. On 21.08.2014, due to judgment of Apex Court dated 01.08.2017 in Dasrath Roop Singh Rathore v State of Maharashtra & Anr. (2014) 9 SCC 129 complaint was returned to the complainant for its presentation before the competent court of jurisdiction. The petitioner filed Crl.M.C. 5650/2014 in this Court which was dismissed as withdrawn on 19.01.2016. The petitioner filed an application on 10.05.2016 before the learned CMM (East) for transfer of the complaint. On the next date i.e. on 19.05.2016, the complaint was ordered to be transferred to South-East District through learned District & Sessions Judge (East). On 28.05.2016, learned District & Sessions Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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