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2010 Supreme(All) 2008

PRAFULLA C.PANT
J. D. Kukreja – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared
Shri Lokpal Singh, Advocate present for the petitioner
Shri M.A.Khan, Brief Holder, present for respondent no.1/State

Hon’ble Prafulla C. Pant, J.


1. Heard.


2. By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought direction to the trial court to decide criminal Complaint Case No. 2936 of 2008 (new no. 433 of 2008) G.D.Kukreja vs. Ajay Mehra, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, Police Station Patel Nagar, pending in the court of IInd Additional Chief Judicial Magistrate, Dehradun, expeditiously.


3. The prayer made in the petition is innocuous . The Criminal Compliant Case is pending since 2008.


4. Sub section (2) and Sub section (3) of section 143 of Negotiable Instruments Act, 1881 reads as under:-


‘(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing.

(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 months from the date of filing of the complaint.



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