Deepa Joshi vs Him Town Liquor & Others

Alok Kumar Verma, J

This Writ Petition has been filed under Article 227 of the Constitution of India to direct the First Judicial Magistrate, Haldwani to decide the Complaint Case No.6431 of 2020, “Deepa Joshi versus Him Town Liquor & Others”, under Section 138 of the Negotiable Instruments Act, 1881 expeditiously, preferably within a statutory period of six months as envisaged under sub-section (3) of Section 143 of the said Act, 1881.

Heard Mr. Sanpreet Singh Ajmani, the learned counsel for the petitioner.

The only prayer of the petitioner-complainant is for speedy disposal of the proceeding of the said complaint case.

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 First Judicial Magistrate, Haldwani is hereby directed to expedite the proceedings of the said Complaint Case No.6431 of 2020, under Section 138 of the Negotiable Instruments Act, 1881 and complete the trial within a period of six months from the date of receipt of the certified copy of this order.

The Writ Petition No.848 of 2022 is disposed of, accordingly.