This single-judge criminal miscellaneous application sought to expedie a long-delayed Section 138 NI Act trial. The court directed the lower court to conclude proceedings within six months.
The court directed the lower court to try and conclude the proceedings of the complaint within six months from the date of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| C-482-1445 of 2021 Hon’ble R.C. Khulbe, J. Mr. Vinay Kumar, learned counsel for the applicant. Ms. Manisha Rana Singh, learned A.G.A. along with Ms. Sonika Khulbe, learned B.H. for the State. Heard. This criminal miscellaneous application under Section 482 of Cr.P.C. has been filed for expediting trial of Complaint Case No.5476 of 2018, Harish Chandra Vs. Govind Singh, u/s 138 of Negotiable Instruments Act, pending before the Judicial Magistrate 1st, Dehradun, District Dehradun. It appears that the complaint was lodged in 2018. Since then, however, several adjournments have been granted by the court below on one pretext or the other. Considering the facts of the case as well as in view of Section 143(3) of Negotiable Instrument Act, 1881, I dispose of this petition by directing the court below to try and conclude the proceedings of Complaint Case No.5476 of 2018, Harish Chandra Vs. Govind Singh, u/s 138 of Negotiable Instruments Act, as early as possible, but not later than six months from the date of production of the certified copy of this order. All pending applications also stand disposed of. |
|||
| (R.C. Khulbe, J.) 18.10.2021 Sukhbant |
1 issue framed by the court
Whether to expeditiously try a long-pending cheque bouncing complaint under Section 138 NI Act.
2 provisions across 2 enactments
Harish Chandra
Govind Singh
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
