Early Times Report
JAMMU, Aug 29: In a strongly worded judgment, the High Court of Jammu & Kashmir and Ladakh at Jammu has castigated a trial court for its "insensitive and unprofessional" handling of a decade-old cheque bounce case, while setting aside the dismissal of the complaint for want of evidence. Justice Rajesh Sekhri restored the complaint of appellant J.N. Wadhera against Uttam Singh under Section 138 of the Negotiable Instruments Act and directed the trial court to dispose of the matter within two months. The litigation, which dates back to 2015, pertained to four dishonoured cheques issued by Uttam Singh, amounting to over ?4.5 lakh. The accused had admitted liability during trial, even making partial payments in 2023 and 2024, and filing an undertaking in September 2022 to clear dues within two months.
However, when Wadhera failed to attend two hearings in February 2025 due to a serious liver ailment and hospitalization, the Special Mobile Magistrate (Electricity), Jammu, dismissed his complaint for want of evidence.
Observing glaring lapses, the High Court found that the trial court neither enforced the accused's undertaking nor ensured effective case management.
"If the trial court record is glanced over, it appears that case of the appellant has been dealt with and tried in a most insensitive and unprofessional manner. Had the trial court kept a track of the proceedings, the controversy would have been settled long back," Justice Sekhri remarked.
The Court noted that the accused repeatedly evaded proceedings, even facing non-bailable warrants, while the trial court failed to exercise control over the litigation timeline.
Terming the dismissal "illegal and preposterous," the High Court restored Wadhera's complaint to the trial court's file, with a clear direction for expeditious disposal within two months.
(JNF) |
