Prashant Jain vs Anand Prakash Jain

Dharam Veer, J.—By means of this application moved u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Code of Criminal Procedure), the applicant has prayed to direct the Judicial Magistrate-I, Dehradun to decide the case No. 6467 of 2009 Prashant Jain v. Anand Prakash, u/s 138 of N.I. Act, expeditiously.

Heard learned Counsel for the applicant and perused the entire material in 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 above-said quoted section, 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 pending in the trial court from a long time 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 u/s 482 Code of Criminal Procedure is disposed of with the direction to the Judicial Magistrate-I, Dehradun to decide the proceedings in Case No. 6467 of 2009 Prashant Jain v. Anand Prakash, pending before him expeditiously preferably within a period of six months.