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Charanjeet Singh Kohli vs Shri Mahendra Kumar

Uttarakhand High Court · Decided on 7 June 2010 · Citation: (2010) 06 UK CK 0063

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Negotiable Instruments Act, 1881 (NI) — Section 138, 143
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Judgment

7 paragraphs · 262 words

Prafulla C. Pant, J.—Heard.

2.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C) the petitioner has sought the direction to the trial court to decide the Criminal Complaint Case No. 3390 of 2009, Charanjeet Singh Kohli v. Shri Mahendra Kumar, relating to offences punishable u/s 138 of Negotiable Instruments Act, 1881, pending in the court of Additional Chief Judicial Magistrate-III, Dehradun.

3.

The prayer made in the petition is innocuous. The Criminal Complaint Case is appears to be pending since 2007.

4.

Sub-section (2) and Sub-section (3) of Section 143 of Negotiable Instruments Act, 1881, read 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.

5.

In view of the above quoted, provision this petition u/s 482 of Cr.P.C., is summarily disposed of with direction to the trial court to decide the Criminal Complaint Case No. 3390 of 2009 (old No. 237 of 2007) Charanjeet Singh Kohli v. Mahendra Kumar, pending in the Court of Additional Chief Judicial Magistrate-III, Dehradun, as expeditiously as possible, keeping in mind the spirit of Section 143, quoted above.