High CourtsSingle Bench

Punit Kumar Agarwal vs Mahesh Chandra Agarwal

Uttarakhand High Court · Decided on 23 May 2022 · Citation: (2022) 05 UK CK 0077

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Negotiable Instruments Act, 1881 — Section 138 · Constitution Of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 986 Of 2022
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Judgment

7 paragraphs · 248 words

Alok Kumar Verma, J

1.

This Criminal Writ Petition has been filed under Article 227 of the Constitution of India to direct the Judicial Magistrate/IIIrd Additional Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar to decide the Criminal Case No.2375 of 2018 (Old No.3545 of 2014), “Punit Kumar Agarwal vs. Mahesh Chandra Agarwal”, expeditiously, within a stipulated period, fixed by this Court.

2.

Heard Mr. Sanjay Kumar, the learned counsel for the petitioner.

3.

The only prayer of the petitioner-complainant is for speedy disposal of the proceeding of the said complaint case, filed under Section 138 of the Negotiable Instruments Act, 1881.

4.

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.

5.

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. 2375 of 2018 (Old No.3545 of 2014), “Punit Kumar Agarwal vs. Mahesh Chandra Agarwal”, under Section 138 of the Negotiable Instruments Act, 1881 and complete the trial most expeditiously, preferably within a month from the date of receipt of the certified copy of this order.

6.

The Writ Petition No.986 of 2022 is disposed of, accordingly.