High CourtsSingle Bench

Rakesh Kumar Agarwal vs Jagvir Singh

Uttarakhand High Court · Decided on 24 June 2022 · Citation: (2022) 06 UK CK 0088

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 313, 482 · Negotiable Instruments Act, 1881 — Section 138
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 821 Of 2022
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Judgment

7 paragraphs · 271 words

Alok Kumar Verma, J

1.

The applicant – complainant Rakesh Kumar Agarwal has invoked the inherent jurisdiction of this High Court under Section 482 of the Code of Criminal Procedure, 1973 to direct the concerned Court to expedite the Criminal Case No. 337 of 2021 (Old No. 1999 of 2013) “Rakesh Kumar Agarwal Vs. Jagvir Singh”, under Section 138 of the Negotiable Instruments Act, 1881.

2.

Heard, Mr. Narendra Bali, the learned counsel for the applicant.

3.

The learned counsel for the applicant submitted that this is a very old case and in the said complaint case, the statements of the respondent – accused, under Section 313 of the Code, has already been recorded, therefore, he requests to direct the trial Court to decide the said case within two months.

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 expeditious 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 Court, is hereby directed to expedite the proceedings of the said Criminal Case No. 337 of 2021, “Rakesh Kumar Agarwal Vs. Jagvir Singh”, under Section 138 of the Negotiable Instruments Act, 1881 and complete the trial within a period of two months from the date of receipt of the certified copy of this order.

6.

The Criminal Miscellaneous Application No.821 of 2022 is disposed of, accordingly.