Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10586 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application (u/s 528) No. 2120 of 2025 Vikram Singh Panwar
--Applicant Versus
Taran Kala
--Respondent ---------------------------------------------------------------------- Presence:-
Mr. Rishab Ranghar, learned counsel for applicant. Hon’ble Pankaj Purohit, J. (Oral)
The present C528 application has been filed by the applicant for a direction to learned Second Judicial Magistrate, Dehradun, to expedite the proceedings of Complaint Case No.1516 of 2023 Vikram Singh Panwar Vs. Taran Kala, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’). 2. It is contended by learned counsel for the applicant that a complaint under Section 138 of the Act has been filed by the applicant on 27.02.2023 against the respondent in the Court of learned 8th Additional Senior Civil Judge/Additional Chief Judicial Magistrate, Dehradun, which was registered as Complaint Case No.1516 of 2023 Vikram Singh Panwar Vs. Taran Kala. 3. It is further contended by him that the evidence in the said complaint case was concluded on 16.04.2025 and case was proceeded further for recording of statement under Section 313 Cr.P.C. and for defence witnesses. Since then, the matter is being adjourned for one reason and the other by the respondent. 4. I have perused the order-sheet of the complaint case annexed by the learned counsel for applicant with the present C528 application. The
2025:UHC:10586 2 submission made by learned counsel for applicant is correct and matched with the record of the proceedings. Section 143(3) of the Act provides that the complaint case filed under Section 138 of the Act shall be concluded within six months from the date of filing it. For ready reference, Section 143(3) is quoted hereinbelow:-
“Section 143(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. Since, there is a legal mandate to conclude the proceedings expeditiously and from perusal of the record, it is reflected that unnecessary adjournments are being sought by respondent, therefore, this Court is of the view that the applicant has been successful in making out a case for a direction to learned Trial Court to expedite the hearing of proceedings of the aforesaid Complaint Case. 6. Accordingly, the present C528 application is allowed.
Learned Second Judicial Magistrate, Dehradun is directed to decide and conclude the proceedings of Complaint Case No.1516 of 2023 Vikram Singh Panwar Vs. Taran Kala, under Section 138 of the Negotiable Instruments Act, 1881, expeditiously but not later than three months from the date of production of certified copy of this order. 7. Pending application(s), if any, stands disposed of. (Pankaj Purohit, J.)
28.11.2025 PN