Dharamveer Singh Gurjar Vs Alok Kumar Tyagi

Court No. - 91

Case :- APPLICATION U/S 483 No. - 31 of 2022

Applicant :- Dharamveer Singh Gurjar Opposite Party :- Alok Kumar Tyagi Counsel for Applicant :- Pranshu Gupta

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Hon'ble Sameer Jain,J.

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Heard Shri Pranshu Gupta, learned counsel for the applicant, Shri Ravikant Kushwaha, learned A.G.A. for the State and perused the record.

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By way of present application, a prayer has been made to direct the trial court to expedite the proceedings of Complaint Case No. 13996 of 2020 (Dharamveer Singh Gurjar v. Alok Kumar Tyagi), under Section 138 of the Negotiable Instruments Act, 1881, pertaining to Police Station-Kharkhauda, District-Meerut, pending in the Court of Additional Chief Judicial Magistrate, Court No. 5, Meerut and decide the same within certain stipulated time i.e. 2 or 3 months.

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Learned counsel for the applicant submitted that the applicant is complainant in the case and he has filed the criminal complaint under Section 138 Negotiable Instrument Act on 06.09.2019 but till today his complaint could not be decided by the trial court. He further submitted that as per the provision of Section 143(3) of the Negotiable Instruments Act a complaint filed under the provisions of Negotiable Instruments Act should be decided within a period of six months from the date of its filing. Therefore by virtue of Section 143(3) of the Negotiable Instruments Act, direction is required to be given to the trial court to expedite the proceedings of the case and decide the same within stipulated period of time.

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Per contra, learned A.G.A. submitted that the complaint was filed by applicant in September, 2019 and after that Covid-19 Pandemic emerged therefore, it appears that only due to this reason the complaint filed by applicant could not be decided by the court below till date but he could not dispute the fact that as per the provisions of Section 143(3) of the Negotiable Instrument Act, complaint filed under Negotiable Instrument Act should be decided by the trial court within six months from the date of its filing therefore, if any such direction is given to the trial court then he has no objection.

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I have heard both the parties and perused the record of the case, the complaint filed by the applicant under Section 138 of the

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Negotiable Instruments Act is pending since September, 2019, no doubt after that Covid 19 pandemic emerged but inspite of that by virtue of the provision of Section 143(3) Negotiable Instrument Act trial under the provisions of Negotiable Instrument Act shall be conducted as expeditiously as possible and trial court shall make all the endeavour to conclude the trial within six months from the date of filing of the complaint and further Constitution Bench of the Apex Court in Re: Expeditious Trial of Cases under Section 138 of the Negotiable Instruments Act, 1881 [Suo Motu Writ Petition (Criminal) No. 2 of 2020] , also directed to expedite the proceedings pending under Section 138 of the Negotiable Instrument Act therefore, in view of the matter trial court is directed to expedite the proceedings of the aforesaid complaint case filed under the Negotiable Instrument Act and shall make all endeavour to decide the same within a period of six months from the date of production of certified copy of this order.

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With these observations the present application is disposed off.

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Order Date :- 24.5.2022 SY

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Digitally signed by SWETA YADAV Date: 2022.05.30 11:11:11 IST Reason: Location: High Court of Judicature at Allahabad

Dharamveer Singh Gurjar v. Alok Kumar Tyagi

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Dharamveer Singh Gurjar v. Alok Kumar Tyagi

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