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2025 DAILYLAW 11859 (CHH)

ISHWAR PRASAD CHANDRA v. RAMESH KUMAR LAL

CRMP/865/2025 · 2025-03-07

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:11382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 865 of 2025 1 - Ishwar Prasad Chandra S/o Late Gorelal Chandra Aged About 32 Years R/o Village Thuthi, Police Station Jaijaipur, District Janjgir Champa Now District Sakti (C.G.) ... Petitioner(s) versus 1 - Ramesh Kumar Lal Aged About 55 Years R/o. Shikshak Vihar, Near Shiv Mandir, Behind Green Garden, Mangla Chowk, Bilaspur, Police Station Civil Line, District- Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Ramesh Nayak, Advocate Hon'ble Mr. Justice Arvind Kumar Verma Order on Board 07.03.2025 1. Heard. 2. This petition has been filed by the petitioner under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 for a direction to conclude the proceedings of Criminal Case No.217/2021 pending consideration before the Judicial Magistrate First Class (JMFC) Jaijaipur, District Janjgir Champa (C.G.) registered upon the complaint case filed by the petitioner on 13.07.2021 under Section 138 of the Negotiable Instrument Act. 2 3. Fact of the present case in brief is that the petitioner is a farmer and was attached to a non-government organization which was operated by the respondent purchased vermi composed Bio-fertilizer amounting to ssRs.1,20,000/- from the petitioner and gave a cheque bearing No.317289 of State Bank of India. On 20.03.2021 petitioner submitted the cheque in his bank for withdrawal of the said amount and the same was dishonored and returned on 08.04.2021 with a reason that the account has no sufficient fund. Again on 03.06.2021 the respondent contacted the petitioner and informed that he has received the amount in his bank account and he may submit the cheque for collection of his amount of Rs.1,20,000/-, on assurance given to him petitioner submitted the cheque to his bank at Jaijaipur which was also returned by the bank due to insufficient balance. Thereafter, the petitioner sent a legal notice through registered post regarding payment of said amount on 09.06.2021 and on 14.06.2021 the same was also sent through Whatsaap which was received by the respondent on same day. But the respondent neither returned the money nor gave the reply of the said legal notice. Hence the case was filed against the respondent by the petitioner. 4. Learned counsel for the petitioner submits that the case was filed on 13.07.2021 but as yet case has not been concluded by the trial Court. He further submits that the petitioner is a poor farmer suffering from financial crisis due to non-payment of amount by the respondent and the learned trial Court again and again granted bail to the respondent which causes hurdle in final conclusion of the Criminal Case No.217/2021. He further submits that no any witnesses has been examined before the trial Court till today. Therefore the limited prayer of 3 the petitioner is that this petition may be disposed of with a direction of trial Court to conclude the trial within a reasonable period as fixed by this Court. 5. I have heard learned counsel for the petitioner and perused the documents available on record. 6. In view of the above submissions and also looking to the limited prayed made by learned counsel for the petitioner, this Court is of the opinion that the concerned trial Court is directed to conclude the trial within the period of 01 year from the date of receipt of copy of this order, if there is no legal impediment. Certified Copy as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge Saxena