Amit Singh Vs Dinesh Padiyar

C-482 No. 1610 of 2016

U.C. Dhyani, J.

Ms. Vijay Lakshmi, Advocate for the applicant.

By means of present application under Section 482 of Cr.P.C., the applicant seeks a direction to learned Judicial Magistrate First Class, New Tehri to decide the criminal case no. 09 of 2015, titled as Amit Singh vs Dinesh Padiyar, under Section 138 of the Negotiable Instruments Act, pending before said Court, at an early date.

¶5

Attention of this Court is drawn towards SubSection (3) of Section 143 of Negotiable Instruments Act, 1881. Relevant portion of Section 143(3) is reproduced here-in-in-under for ready reference:

¶6

“143(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six moths from the date of filing of the complaint.”

¶7

This Court does not feel it necessary to issue notice to the respondent, in as much as speedy justice is one of the fundamental rights of a person and it does not lie in one’s mouth to say that any lis pending before any court should not be decided at the earliest.

¶8

Application under Section 482 of Cr.P.C. is, therefore, disposed of by making a request to learned Judicial Magistrate I Class, New Tehri to make an endeavour to decide the aforesaid criminal case, pending before it, in accordance with law, keeping in view the mandate of Legislature as provided under sub-section (3) of Section 143 of the Negotiable Instruments Act, 1881.

¶9

With the observation as above, C-482 petition stands disposed of.

¶10

Negi

Amit Singh v. Dinesh Padiyar

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Amit Singh v. Dinesh Padiyar

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