Charanjeet Singh Kohli vs Yatish Joshi

Dharam Veer, J.—By means of this application moved u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) the applicant has prayed to direct the Special Judicial Magistrate, Ist, Dehradun to expedite the proceedings of the Complaint Case No. 26/2010, Charanjeet Singh v. Yatish Joshi Complaint Case No. 26/2010under Section 138 of Negotiable Instruments Act, 1881.

Heard learned Counsel for the applicant and perused the entire material available in the file.

Learned Counsel for the applicant drawn the attention of this Court towards Section 143(3) of the Negotiable Instruments Act, 1881 which reads as under:

143(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.

In view of the aforesaid provision, learned Counsel for the applicant argued that the trial court ought to have decided the above-said case by now, however the above-said case is still pending in the trial court due to which the applicant is facing hardship.

After considering the entire facts and circumstances of the case and on perusal of Section 143(3) of the Act as well as on consideration of the argument advanced by the counsel for the applicant, I am of the view that the court below should be directed to decide the case expeditiously.

For the reasons as aforesaid, the application C482 is disposed of with the direction to the Special Judicial Magistrate, Ist, Dehradun to decide the Complaint Case No. 26/2010, Charanjeet Singh v. Yatish Joshi u/s 138 of NI Act expeditiously, preferably within a period of six months.