1 2025:CGHC:11740 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 892 of 2025 1 - Santosh Kumar Chandra S/o Shri Ganpat Chandra Aged About 44 Years R/o Village- Galgaladih, Police Station And Tehsil- Jaijaipur, District Janjgir-Champa Now District - Sakti (C.G.) ... Petitioner 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 For Petitioner : Mr. Ramesh Nayak, Advocate For Respondent : None. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 10/03/2025 1. This petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is being filed by the petitioner/applicant for seeking a direction of this Hon’ble Court to direct the learned Trial Court i.e. Judicial Magistrate First Class, Jaijaipur, District – Janjgir-Champa (C.G.) to conclude the proceeding of Criminal Case No. 51 of 2021 within stipulated time, in the interest of justice. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.03 11:49:23 +0530 2 2. Brief facts of the case are that, the petitioner is a farmer and resident of village Galgaladih police Station Jaijaipur. Petitioner was attached to a Non-Government Organization (NGO) which was operated by the respondent for the purpose of training to the farmers for Bio fertilizer. The respondent provide materials for the preparation of Bio fertilizer to the farmers through his NGO and the petitioner was therefore, connected with the respondent for preparation and sale of Bio fertilizer produced by him and other farmers of the locality. the respondent purchased Vermi composed Bio Fertilizer amounting Rs. 1,60,000/- (One Lakh Sixty Thousand Only) from the petitioner and gave two cheques each of Rs. 80,000/- (Eighty Thousand Only) bearing Cheque No. 317287 & Cheque No. 317288 of his Account No. 30314275365 of State Bank of India, Branch Sarkanda, District Bilaspur. On 30.01.2021 petitioner submitted both the Cheques given by the respondent in his Bank for collection Rs. 1,60,000/- (One Lakh Sixty Thousand Only) which was a return on 30.01.2021 with a reason that the account of the respondent has no sufficient fund. when both the Cheques were return back by the banker to the petitioner then petitioner contacted the respondent to return the amount of Rs. 1,60,000/- (One Lakh Sixty Thousand Only). Petitioner contacted the respondent and informed about the dishonor of both the Cheques given by him and also requested the respondent to return his amount but respondent always procrastinated the petitioner. on 08.02.2021 petitioner sent a 3 legal notice through a registered post regarding payment of amount of Rs.1,60,000/-(One Lakh Sixty Thousand Only) and on 25.02.2021 also sent the same through Whatsapp to the respondent which was received by the respondent on the same date but the respondent neither return the amount taken by him nor given any reply on the notice. When the respondent did not return the amount taken by him to the petitioner then the petitioner filed a complaint case under section 138 of the Negotiable Instrument Act (NIA) on 16.03.2021 before the Judicial Magistrate First Class, Jaijaipur which was registered as Criminal Case No. 51 of 2021. The complaint filed by the petitioner was registered on 18.06.2021 and on the same date the order for appearance of the respondent was passed by the Learned Trial Court. On 26.07.2023 the respondent appeared in the case and was released on personal bond of Rs. 10,000/- . on 11.03.2024 due to non appearance of respondent, the Learned Trial Court passed order for issuance of arrest warrant to the respondent. On 10.09.2024 on compliance of arrest warrant the Jaijaipur Police presented the respondent before Learned Trial Court and on the application filed by the respondent under section 437 of Cr.P.C the Learned Trial Court passed order and granted bail to the respondent. The petitioner is a poor farmer suffering from financial crisis due to non-payment of amount by the respondent who filed compliant case on 16.03.2021 which is still pending before the Learned Judicial Magistrate First Class Jaijaipur. Hence this petition. 4 3. Learned counsel for the petitioner submits that the petitioner is seeking direction of this Hon’ble Court to direct the learned trial Court i.e. Judicial Magistrate First Class, Jaijaipur, District – Janjgir-Champa (C.G) to conclude the proceedings of Criminal Case NO. 51 of 2021 within stipulated time, in the interest of justice. He made a limited prayer to expedite the trial pending before the concerned trial Court where the statement of the complainant/petitioner has been recorded. 4. To the limited prayer that the petitioner has made, is not opposed by the learned State Counsel. 5. Considering the submission made by the learned counsel for petitioner that statement of the Criminal case has been recorded before the trial Court and the proceeding is in progress, therefore, the instant CrMP is disposed of with a direction that the trial Court shall conclude the pending proceedings expeditiously, if there is no legal impediment. 6. A copy of this order be sent to the concerned trial Court for necessary compliance and follow up action. Sd/- (Arvind Kumar Verma) JUDGE vaishali