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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Dushyant Kumar Agarwal - Appellant
Versus
State of Uttarakhand & Anr. - Respondents
Criminal Miscellaneous Application No. 2295 of 2022
Decided On : 22-12-2022
Section 138 of the Negotiable Instruments Act, 1881 - Speedy Disposal of Cases
Fact of the Case:
The applicant filed an application under Section 482 of the Code of Criminal Procedure, 1973 to expedite the proceedings of a complaint case under Section 138 of the Negotiable Instruments Act, 1881.
Finding of the Court:
The court directed the Additional Chief Judicial Magistrate/VIIIth Additional Senior Civil Judge to expedite the proceedings of the case and decide it as expeditiously as possible without granting unnecessary adjournments.
Issues: Expedited disposal of cases under Section 138 of the Negotiable Instruments Act, 1881
Ratio Decidendi: The court relied on the directions of the Hon'ble Supreme Court in Indian Bank Association and Others vs. Union of India and Others, (2014) 5 SCC 590, which emphasized the speedy and expeditious disposal of cases under Section 138 of the Negotiable Instruments Act, 1881.
Final Decision: The Criminal Miscellaneous Application No. 2295 of 2022 was disposed of accordingly, with the direction to expedite the proceedings of the case.
JUDGMENT
Alok Kumar Verma, J. - The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 by the applicant- complainant to direct the Court of Additional Chief Judicial Magistrate/VIIIth Additional Senior Civil Judge, Dehradun to expedite the proceedings of Complaint Case No. 3539 of 2021, 'Dushyant Kumar Agarwal vs. M/s Sharma Associates through its Proprietor Shri Banke Bihari Sharma', under Section 138 of the Negotiable Instruments Act, 1881.
2. Heard Mr. Hemant Singh Mahra, learned counsel for the applicant-complainant.
3. The prayer of the applicant is an innocuous prayer.
4. In Indian Bank Association and Others vs. Union of India and Others, (2014) 5 SCC 590, the Hon'ble Supreme Court has directed all the Criminal Courts in the country dealing with the cases under Section 138 of the Negotiable Instruments Act, 1881 for speedy and expeditiously disposal of the cases falling under Section 138 of the Negotiable Instruments Act, 1881.
5. Therefore, keeping in mind the directions of the Hon'ble Supreme Court, the Additional Chief Judicial Magistrate/VIIIth Additional Senior Civil Judge, Dehradun is hereby directed to expedite the proceedings of the said Complaint Case No. 3539 of 2021, 'Dushyant Kumar Agarwal vs. M/s Sharma Associates through its Proprietor Shri Banke Bihari Sharma', under Section 138 of the Negotiable Instruments Act, 1881, and to decide the said case as expeditiously as possible without granting any unnecessary adjournment to the either party.
6. The Criminal Miscellaneous Application No. 2295 of 2022, filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of, accordingly.
AI
The central legal point established is the obligation of the courts to expedite the proceedings of cases under Section 138 of the Negotiable Instruments Act, 1881, in line with the directions of the ....
The court mandated the expeditious conclusion of trials under Section 138 of the Negotiable Instruments Act, emphasizing adherence to statutory timelines and procedures.
The court emphasized the necessity for expeditious trials under Section 138 of the Negotiable Instruments Act, mandating completion within six months as per statutory provisions.
The court mandated that trials under Section 138 of the N.I. Act must be concluded expeditiously, ideally within six months, following the Apex Court's guidelines.
The court mandates expeditious disposal of trials under Section 138 of the N.I. Act, emphasizing adherence to statutory timelines and proper procedures.
The court established that trials under Section 138 of the Negotiable Instruments Act must be conducted expeditiously, in line with statutory requirements and Supreme Court directives.
The court emphasized the necessity for expeditious trials under the Negotiable Instruments Act, mandating adherence to specific procedures to ensure timely resolution of complaints.
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