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2023 DIGILAW 68 (MP)

Mohd. Nawab Khan v. Vakeel Khan

2023-01-13

GURPAL SINGH AHLUWALIA

body2023
ORDER 1. This petition under Article 227 of the Constitution of India has been filed seeking a direction to the trial Magistrate to conclude the trial as expeditiously as possible preferably within a period of three months from the date of receipt of certified copy of the order. 2. It is submitted by counsel for the petitioner that although the petitioner has also challenged the order dated 27.10.2022 by which an opportunity was given to the respondent to cross-examine the complainant witness but for the time being, he would not press this petition so far as the challenge to order dated 27.10.2022 is concerned. However, it is submitted that in the light of judgment passed by the Supreme Court in the case of In RE : Expeditious Trial of Cases under Section 138 of the N.I. Act 1881 passed on 19th May, 2022 in Suo Motu Writ (Criminal) No.2 of 2020, in which it has been held that the complaints under section 138 of the Negotiable Instruments Act should be decided as early as possible preferably within a period of three months, he would pray for a direction for early disposal. 3. It is also submitted that one more complaint under section 138 of the Negotiable Instruments Act is pending between the parties and the Co-ordinate Bench of this Court by order dated 24.11.2022 passed in Miscellaneous Petition No.5708 of 2022 in the case of Mohd. Nawab khan vs. Vakeel Khan has given a direction to dispose off the trial within a period of three months from the date of receipt of certified copy of the order. 4. Heard the learned counsel for the petitioner. 5. The only prayer made by the counsel for the petitioner is the early disposal of the complaint filed under section 138 of the Negotiable Instruments Act. The long pendency of such cases will frustrate the very sanctity of the cheques. 6. Accordingly, it is directed that on production of certified copy of this order, the trial Court shall positively conclude the trial within a period of three months from thereafter. 7. It is made clear that if required the trial Court shall proceed on day to day basis and the trial Court shall ensure that no adjournment beyond the period of a week shall be granted and no adjournment shall be granted without any reasonable reason. 8. 7. It is made clear that if required the trial Court shall proceed on day to day basis and the trial Court shall ensure that no adjournment beyond the period of a week shall be granted and no adjournment shall be granted without any reasonable reason. 8. With the aforesaid observations, the petition is finally disposed off.