Balwant Rai Arora vs Sweety Gupta

Alok Kumar Verma, J

The applicant-complainant Balwant Rai Arora has invoked the inherent jurisdiction of this Court to direct the Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Udham Singh Nagar to decide the Complaint Case No. 3339 of 2017 (Old No. 1093 of 2013), “Balwant Rai Arora vs. Smt. Sweety Gupta” under Section 138 of the Negotiable Instruments Act, 1881.

Heard Mr. Mani Kumar, the learned counsel for the applicant.

The learned counsel for the applicant-complainant submitted that the said complaint case is pending since 2013, and, the said complaint is at the stage of the defence evidence.

The said prayer is an innocuous prayer.

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.

Therefore, keeping in mind the directions of the Hon’ble Supreme Court, the Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Udham Singh Nagar is hereby directed to expedite the proceedings of the said Complaint Case No. 3339 of 2017, “Balwant Rai Arora vs. Smt. Sweety Gupta, under Section 138 of the Negotiable Instruments Act, 1881, and to decide the said case in accordance with law within two months from the date of the presentation of the certified copy of this order.

The Criminal Miscellaneous Application (No. 1448 of 2022) filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of, accordingly.