Bom HC | It is onerous duty on litigant to prosecute complaint diligently; costs imposed on complainant for failure to serve non-applicants

Bombay High Court: V.M. Deshpande, J. dismissed an appeal filed against the order of the trial judge whereby he rejected the appellant’s application for condonation of delay in filing a complaint for an offence under Section 138 (dishonour of cheque) of the Negotiable Instruments Act, 1881.

Firstly, a complaint was filed for offence under Section 138 of the Negotiable Instruments Act by the appellant. Thereafter, he filed an application under Section 143(b) and the said was registered separately.

Notices on the said applications were issued. No step was taken by the appellant to serve the non-applicants. Not only that, he remained continuously absent. Consequently, the trial judge found that the appellant was not interested in prosecuting the case and, therefore, dismissed the application for condonation of delay as well as the complaint. Against the said, the present criminal appeal was filed.

The High Court observed: “When the complaint and/or proceedings are filed by the litigant before the Court of law, it is the onerous duty to prosecute the same diligently. The applicant cannot be dormant for years together as observed in the present case.” The Court opined that unless and until the non-applicants were served in the proceedings before the trial court, the said proceedings could not proceed further. Since it was a private complaint, it was the duty of the appellant to take all necessary steps to serve the non-applicants. It was said: Unnecessary filing of complaints and/or after filing of complaints, no step is taken and, therefore, the Courts are unnecessarily burdened and learned Judge below is unable to devote time for the litigants who are diligently prosecuting their proceedings has to remain in the queue.”

In such view of the matter, the Court dismissed the present appeal imposing costs of Rs 5000 on the appellant. [Ramzan Khan v. Khadim Tours and Travels, 2019 SCC OnLine Bom 709, decided on 24-04-2019]

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