Magistrates must endeavour to expedite Section 138 trials and secure the accused’s attendance.

The applicant, complainant in Complaint Case No. 71 of 2025 under Section 138 of the Negotiable Instruments Act, 1881, alleged dishonour of two cheques totalling ₹9,00,000 issued towards a legally enforceable liability.

The complaint was instituted on 5 February 2025, and the Judicial Magistrate, Bazpur, summoned the respondent on 23 March 2026.

Despite summons and bailable warrants, the respondent had not appeared; the matter was last listed on 9 October 2026.

The complainant sought a direction for expeditious disposal.

Whether the Magistrate should be directed to decide the Section 138 complaint expeditiously in light of the respondent’s non-appearance and the delay in the proceedings.

Whether the complaint should be decided within a specified period while preserving the parties’ procedural rights.

Section 143 of the Negotiable Instruments Act, 1881 provides for summary trial of offences under Section 138 and requires that such trials be conducted as expeditiously as possible, with an endeavour to conclude them within six months from the date of filing of the complaint.

Expeditious disposal must remain consistent with the procedure prescribed by law and the parties’ right to a due opportunity of hearing.

The Court noted that the complaint had been pending and that the respondent had not appeared despite summons and bailable warrants.

In view of Section 143’s requirement of expedition, it directed the Magistrate to advance the proceedings, avoid unnecessary adjournments, and take appropriate lawful steps to secure the respondent’s presence, while continuing to afford the parties due opportunity to be heard.

The direction was expressly stated not to constitute an opinion on the merits of the complaint.

Any pending applications were also disposed of.