Allahabad High Court: In an application filed to direct the Additional Civil Judge/ Judicial Magistrate to conclude the trial under Section 138 Negotiable Act, within a stipulated period, Arun Kumar Singh Deshwal, J. directed the Additional Civil Judge to conclude the trial of complaint case under Section 138 N.I. Act, expeditiously, preferably within a period of six months from the date of receipt of certified copy of this order, strictly in accordance with statutory provision of Sections 143(2) and 143(3) of the N.I. Act.
The applicant submitted that the complaint under NI Act was filed in the year 2022, but the trial could not yet be concluded. It is further submitted that as per Section 143(2) of NI Act, the trial for the offence under N.I. Act should be conducted on day-to-day basis and it is further provided under Section 143(3) that the trial should be concluded within six months from the date of filing of the complaint.
The Court took note of Indian Bank Assn. v. Union of India, (2014) 5 SCC 590, wherein the Court has issued directions for expeditious disposal of the cases under N.I. Act. Further, it said that the Magistrate has to follow these directions while deciding the cases under N.I. Act. Thus, it is expedient that all the proceedings under N.I. Act should be concluded expeditiously without going into unnecessary technicality.
[Ram Dhari Pal v State of UP, 2023 SCC OnLine All 2051, Order dated 13-10-2023]
Sec 138 NI Act is the most abused process of law. Sec 138 NI Act is boon to the money lenders to recover the money. The money lenders are taking unfilled promissory notes and 3 or 4 cheque leaves signed by the borrower and filing the cases with exorbitant amounts for recovery of the amounts, according to their whims and fancies. Most the cases under Sec 138 NI Act are false and fabricated. Each case is to be throughly investigated and conduct the case by the concerned advocate. The concerned advocate should invariably spent lot of lot of time to meditate on the case. Sec 138 NI Act cases are highly technical in nature, if the case is conducted hastily, the result of the case would be detrimental to the interest of client and to the hard earned reputation of advocate. A long rope is to be given for conducting the case. Hard and fast rule cannot be fastened against the concerned Hon’ble Judge to dispose off the case within 6 months.