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2025 DAILYLAW 11873 (CHH)

ISHWAR PRASAD CHANDRA v. RISHIKESH NAYAK

CRMP/838/2025 · 2025-03-07

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:11377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 838 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 - Rishikesh Nayak S/o Shri Ghanshyam Nayak Aged About 31 Years R/o 48 Budhiya, Raigarh, District- Raigarh (C.G.) ... Respondent(s) For Petitioner : 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.55/2021 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 26.03.2021 under Section 138 of the Negotiable Instrument Act. 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 for the purpose of training for Bio-fertilizer. The 2 respondent take a loan of Rs.5,00,000/- from the petitioner stating that he got a tender of canteen in Raigarh and promised the petitioner to return the amount within the period of 06 months. On August 2020 respondent stated that he is not able to return the amount because he was suffering from loss due to Covid-19 Pandemic, he promised to return the same in January, 2021. Thereafter, the respondent came to the village of petitioner and gave a Cheque bearing Cheque No.392166 of State Bank of India which belong to his account. The said cheque was returned by the bank due to insufficient balance and also mismatch of signature. Then, the petitioner sent a legal notice to respondent with regard to payment of amount of Rs.5,00,000/- on 01.03.2021 which was received by the respondent on 05.03.2021 but he never returned the money nor give any response/reply to the said legal notice. As a result, the petitioner has filed a case of NIA on 26.03.2021 against the respondent before the JMFC, Jaijaipur which was registered as Criminal Case No.55/2021. 4. Learned counsel for the petitioner submits that the case was filed on 26.03.2021 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.50/2021. He further submits that no any witnesses has been examined before the trial Court till today. Therefore the limited prayer of 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. 3 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/- (Arvind Kumar Verma) Judge Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA