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2025 DAILYLAW 10485 (UTT)

SARFARAZ AHMAD v. SHIV KUMAR

C528/1484/2025 · 2025-08-28

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7636 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28thAUGUST, 2025 CRIMINAL MISCELLANEOS APPLICATION NO.1484 of 2025 Sarfaraz Ahmad …Applicant Versus Shiv Kumar …Respondent Counsel for the Applicant : Mr. Mohit Kumar Kashyap, Advocate. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant-complainant to direct the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar to decide the Complaint Case No.1085 of 2022, “Sarfaraz Ahmad vs. Shiv Kumar”, pending under Section 138 of the Negotiable Instruments Act, 1881 as expeditiously as possible. 2. Heard Mr. Mohit Kumar Kashyap, learned counsel for the applicant. 3. 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 1 2025:UHC:7636 falling under Section 138 of the Negotiable Instruments Act, 1881. 4. The complaint case is pending since 2022. Therefore, keeping in mind the directions of the Hon’ble Supreme Court, the present Application (C528 No.1484 of 2025), is allowed directing the Judicial Magistrate, Jaspur, District Udham Singh Nagar to expedite the proceedings of the said Complaint Case No.1085 of 2022 and conclude the proceedings as expeditiously as possible without granting any unnecessary adjournment to the parties, but in accordance with law. ___________________ ALOK KUMAR VERMA, J. Dt: 28.08.2025 Pant/ 2