Mohammad Shahban Ul Haq vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This is an application under Section 482 of the Code of Criminal Procedure, 1973 to direct the Court of Judicial Magistrate/IInd Additional Civil Judge (Junior Division), Roorkee, District Haridwar to decide the Complaint Case No. 1901 of 2021 (Old No. 341 of 2019), “Mohammad Shahba Nul Haq Vs. Prime Packers (India) & Another” filed under Section 138 of the Negotiable Instruments Act, 1881 within the stipulated period.

Heard Mr. Pranav Singh, the learned counsel for the applicant, Mr. T.C. Aggarwal, the learned Deputy Advocate General assisted by Mr. Rohit Dhyani, Brief Holder for the State/respondent no.1 and Mr. Parikshit Saini, Advocate for respondent nos.2 and 3.

This 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 concerned Magistrate, is hereby directed to expedite the proceedings of the said Complaint Case No. 1901 of 2021 (Old No. 341 of 2019), “Mohammad Shahba Nul Haq Vs. Prime Packers (India) & Another” under Section 138 of the Negotiable Instruments Act, 1881 and complete the trial most expeditiously without granting any unnecessary adjournment to the either party.

The Criminal Miscellaneous Application No.975 of 2022 is disposed of, accordingly.