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J.D. Kukreja vs State of Uttarakhand

Uttarakhand High Court · Decided on 10 June 2010 · Citation: (2011) 1 BC 107 : (2010) 2 UC 1001

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, 143(2), 143(3)
CASE NUMBER
Criminal Miscellaneous Application No. 525 of 2010
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Judgment

7 paragraphs · 235 words

Prafulla C. Pant, J.—Heard.

2.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioner has sought direction to the trial Court to decide G.D. Kukreja v. Ajay Mehra criminal Complaint Case No. 2936 of 2008 (new No. 433 of 200, relating to offence punishable u/s 138 of Negotiable Instruments Act, 1881, Police Station Patel Nagar, pending in the Court of I Ind Additional Chief Judicial Magistrate, Dehradun, expeditiously.

3.

The prayer made in the petition is innocuous. The Criminal Complaint Case is pending since 2008.

4.

Sub-section (2) and Sub-section (3) of Section 143 of Negotiable Instruments Act, 1881 reads 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 provision of law, this petition is disposed of summarily directing the trial Court to proceed with and decide the case as expeditiously as possible, keeping in mind the spirit contained in Section 143 of the Act.