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SUSHIL KUKREJA, JUDGE (ORAL) –

The present petition has been filed under Section 482 of the Code of Criminal Procedure for issuance of directions to the learned Additional Chief Judicial Magistrate, Court No.2 Shimla for concluding and completion of the trial in Complaint Case No. 658 of 2018 under Section 138 of the Negotiable Instruments Act, titled as Pravesh Kumar versus Manmohan, in a time bound manner.

2. The brief facts of the case are that in order to discharge his legal liability, the respondent has issued a cheque bearing No.524964, drawn on H.P. State Cooperative Bank Ltd. Branch Chamain, Tehsil Kotkhai, District Shimla, amounting to Rs. 31,09,908/- in favour of the petitioner. When the cheque was presented by the petitioner for its encashment through his banker, the same was dishonoured on account of ‘Insufficient funds’ in the account of the respondent. Thereafter the petitioner had issued a statutory notice to the respondent on 31.05.2018, but despite that the respondent had failed to make the payment and as such the petitioner was constrained to file the complaint under Section 138 of the Negotiable Instruments Act, before the learned Chief Judicial Magistrate, Shimla.

3. The present petition has been filed by the petitioner on the ground that the approach of the learned trial Court in adjudicating the complaint is casual as well as against the intent of legislature as the respondent had been evading service and is playing delaying tactics with a sole motive to cause serious hardship and huge financial loss to the petitioner. Alongwith petition, the petitioner has also filed copy of order sheets right from the institution of the complaint i.e. from 18th July, 2018 till 23rd January, 2023. The perusal of the aforesaid order sheets would reveal that the accused is adopting delaying tactics by appearing and non appearing in the Court as per his own whims and fancies and the learned trial Court has also adopted a casual approach in the matter of adjudication of the complaint filed by the petitioner. The matter has been listed before the Trial Court on 26 occasions since the institution of the complaint and till 23.03.2023 the matter was pending for the service of the accused/respondent. Even notice of the accusation has not been put to the accused despite the fact that the complaint was instituted, as far back as on 18.07.2018.

4. At this stage, it would be relevant to reproduce Section 143(3) of the Negotiable Instruments Act, which reads as under:-

“[143. Power of Court to try cases summarily:-

(1) ………

(2) ……….

(3) Every trial under this section 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.”

5. Thus as per mandate of Section 143(3) of the Negotiable Instruments Act, the trial Court should make all endeavour to conclude the trial within six months from the date of filing of the complaint. Since the complaint is still pending for the service of respondent despite the fact that the complaint was instituted five years back, it would be in the interest of justice that the trial Court be directed to decide the complaint in a time bound manner.

6. At this stage, learned counsel for the petitioner has informed that the Court of learned Additional Chief Judicial Magistrate Court No.2, Shimla is lying vacant. Therefore, the learned Chief Judicial Magistrate Shimla is directed to withdraw the case from the Court of learned Additional Chief Judicial Magistrate Court No.2, Shimla and to transfer the same to any other competent court who shall decide it as expeditiously as possible preferably within a period of six months from the receipt of copy of this order.

Accordingly, the petition is disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.

Order accordingly.

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