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Sandeep Jagtap   27 March 2024

138 proceedings

is there any guidelines by SC to dispose the case under NIA 138 within some particular time period?

Actually accused in my case is just delaying the case by malpractice but I can't do anything...please suggest me any case law regarding this if any.

All other suggestions are also requested.


Quick Summary
This discussion addresses the common issue of accused parties deliberately delaying proceedings under Section 138 of the Negotiable Instruments Act (NIA). While there are no specific court guidelines or laws mandating a fixed timeline for disposing of such cases, participants suggest strategies to counter delaying tactics. These include the complainant's advocate applying pressure on the court and expressing readiness to commence the trial, which can help expedite the process.

 3 Replies

Dr. J C Vashista (Advocate )     27 March 2024

There is no such rule, guideline or citation to fix timeline to decide a complaint within stipulated period, the opposite party (ies) take benefit of such lacuna in law and adopt delaying tactics.

Sandeep Jagtap   27 March 2024

very true sir...the delaying tactics is killing element for the fair complainant!

T. Kalaiselvan, Advocate (Advocate)     27 March 2024

What kind of malpractice is the accused indulging into?

Your advocate can put pressure on court on this. 

In fact you can Express your readiness to begin trial,  the court will allow you to proceed. 

Then the accused cannot unnecessarily take time. 


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