Abhishek Aggarwal vs Mehangu Ram

Ravindra Maithani, J

By means of the instant petition, the petitioner seeks directions for expeditious disposal of the Complaint Case No. 1413 of 2022, Abhishek Aggarwal vs. Mehangu Ram, pending in the court of Judicial Magistrate First, Dehradun, District Dehradun (“the case”) claiming direction that the case to be decided expeditiously.

Heard learned counsel for the parties and perused the record.

Learned counsel for the petitioner would submit that according to Section 143 of the Negotiable Instruments Act, 1881 (“the Act”), the case ought to have been decided within sixty days from the date of filing of a complaint, but it is not done in this case.

It is true that Section 143(3) of the Act, inter alia, provides that 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 complaints. It is also true that it has not been done in the instant case. But, in every case, this Court may not direct for deciding the case of the instant nature within six months. This Court has no doubt that the cases are decided as expeditiously as possible keeping in view the type of cases, age of cases and pendency of cases in a particular court.

This Court need not remind the court below the legislative mandate, as incorporated under Section 143(3) of the Act.

With the above observation, the petition stands disposed of.