Bombay High Court
BHAIRAV INTERNATIONA THROUGH ITS PARTNER MADAN P JAINversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that the extraordinary delay of 26 years in deciding a Section 138 complaint is unacceptable and therefore directed the magistrate to dispose of the matter within six months.
Summary
The petitioner, a complainant in a Section 138 Negotiable Instruments Act case (CC No. 3897/SS/2008), sought relief from the High Court after the trial remained pending for about 26 years despite an earlier order in 2014 directing a six‑month disposal. The learned Additional Chief Metropolitan Magistrate had not complied with the direction, resulting in an inordinate delay that undermined the purpose of expeditious disposal of criminal proceedings. The Court examined whether such delay violated the principle of speedy trial and warranted judicial intervention. It held that the extraordinary pendency was unacceptable and ordered the magistrate to decide the complaint as soon as possible, preferably within six months of receiving the order. Consequently, the writ petition was partly allowed and the petition was disposed of.
Issues considered
- Whether the 26‑year delay in adjudicating a Section 138 Negotiable Instruments Act complaint violates the right to a speedy trial and justifies High Court intervention?
- Whether the High Court can direct the magistrate to dispose of the pending complaint within a specified time frame?
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- delay in trial
- right to speedy trial
- writ petition
- expeditious disposal
- criminal appellate jurisdiction
Judgment
25-WP-3263-2022 (CR).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 3263 OF 2022
Bhairav Internationa Through Its Partner Madan P Jain ...Petitioner/s
VAISHALI VERSUS
ANIL The State Of Maharashtra And Ors ...Respondent/s
TIKAM
_________________________________________________________________
Digitally signed
by VAISHALI
ANIL TIKAM Mr. Pritam Runwal a/w. Mr. Anil Khopde, Advocate for Petitioner.
Date: 2026.09.11
18:07:18 +0530 Mr. B.B. Kulkarni, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 9th SEPTEMBER, 2026.
P.C. :
1. Heard learned counsel for the Petitioner.
2. Learned counsel for the Petitioner submits that the Petitioner is
the complainant and he has filed a complaint being CC No. 3897/SS/2008
under Section 138 of the Negotiable Instruments Act, which is pending
before the Learned Additional Chief Metropolitan Magistrate, 47 th Court,
Esplanade, Mumbai.
3. This Court by order dated 25/06/2014 [Coram: Revati Mohite
Dere, J.] had earlier expedited the trial and had directed to decide the
matter within a period of six months. However, the said order has not
been complied with and complaint has been pending for around 26 years.
Despite the said direction, the pendency of the matter for such a long
period is a matter of serious concern and defeats the very purpose of
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25-WP-3263-2022 (CR).doc
Tikam
expeditious disposal of the proceedings.
4. Considering the submissions of learned counsel for the
Petitioner, I pass following order:
ORDER
(i) Petition is partly allowed.
(ii) The Learned Additional Chief Metropolitan Magistrate, 47 th
Court, Esplanade, Mumbai, shall decide the pending complaint being CC
No. 3897/SS/2008 as early as possible, preferably within six months from
the date of receipt of this order as complaint is pending for last 26 years.
(iii) Writ Petition is disposed of accordingly.
(SHIVKUMAR DIGE, J.)
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