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2025 DAILYLAW 10124 (UTT)

GUNJAN SINGH ALIAS GUNJAN SAINI v. BHAGWAN SINGH SAINI

C528/1412/2025 · 2025-08-18

Pankaj Purohit

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Judgment text

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2025:UHC:7239 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No.1412 of 2025 18th August, 2025 Gunjan Singh Alias Gunjan Saini ……….Applicant Versus Bhagwan Singh Saini ………..Respondent ---------------------------------------------------------------------- Presence:- Ms. Sukhwani Singh, Advocate for the applicant. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. By means of this present C528 application, applicant has sought indulgence of this Court for a direction to learned Judicial Magistrate, Doiwala, Dehradun, to decide and conclude the proceedings of Criminal Case No.67 of 2024, also numbered as CG No.41 of 2024, Gunjan Singh Vs. Bhagwan Singh Saini, under Section 138 of Negotiable Instruments Act, 1881 (for short “N.I. Act, 1881”), P.S. Doiwala, District Dehradun as expeditiously as possible. 2. Learned counsel for the applicant submits that the complaint was filed by the applicant in the year 2024 and the respondent-accused was summoned under Section 138 of the N.I. Act, 1881. 3. It is argued by the learned counsel for the applicant that under Section 143(3) of the N.I. Act, 1881, the law has enjoined the duty upon the trial court to conclude the trial under Section 138 of the N.I. Act, 1881, within a period of 06 months, therefore, a direction is needed to be issued to trial court to expedite the proceedings of the aforesaid complaint case. 1 2025:UHC:7239 4. I have perused the provision of Sub-Section (3) of Section 143 of the N.I. Act, 1881, which is quoted below:- “143. Power of Court to try cases summarily.- (1)………….. (2)……….. (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 statutory obligation upon the Court to decide the case of the N.I. Act, 1881, within a period of six months from the date of filing of the complaint, the present C528 application is disposed- off with a direction to the learned Judicial Magistrate, Doiwala, Dehradun to decide and conclude the proceedings of Criminal Case No.67 of 2024, also numbered as CG No.41 of 2024, Gunjan Singh Vs. Bhagwan Singh Saini, under Section 138 of N.I. Act, 1881, P.S. Doiwala, District Dehradun, as early as possible but not later than six months from today. (Pankaj Purohit, J.) 18.08.2025 SK 2