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2025 DAILYLAW 32268 (CHH)

RAMESH BAGRODIA v. SOMNATH MUKHERJEE

CRMP/2238/2025 · 2025-07-16

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:33564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2238 of 2025 1 - Ramesh Bagrodia S/o Late B.K. Bagrodia, Aged About 75 Years, R/o Bagrodia House, Lafagarh Gas Godown, Shubham Vihar, Mungeli Road, District Bilaspur C.G. Pin Code- 495001. ... Petitioner versus 1 - Somnath Mukherjee S/o Nimai Mukherjee, Aged About 42 Years, C/o Kanak Ghosh, (Near Mampi Beauty Parlor) 15/a Road, First Lane Anandapuri, Barackpore), Nonachandanpukur, North 24 Paraganas, West Bengal Pin Code- 700122. ... Respondent For Petitioner : Mr. Vikram Sharma, Advocate. For Respondent : Not noticed. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17/07/ 2025 1. In this petition filed under Section 528 of Bhartiya Nagarik Surksha Sanhita, 2023, the petitioner seek a direction for early disposal of Criminal Case No. NIA/594/2024 pending before the Judicial Magistrate First Class, District Bilaspur Chhattisgarh. 2. Facts of the complaint case under Section 138 of the NI Act are that the petitioner, a 75-year-old senior citizen, provided Rs. 5,25,000 to the respondent, who was the Branch Head of Axis SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.17 17:19:09 +0530 2 Bank, Mangla Chowk Branch, Bilaspur, where the petitioner held an account. The amount was given in good faith, with Rs. 5,00,000 transferred via RTGS and Rs. 25,000 in cash, with a promise to repay within two months. When the respondent failed to repay, he issued a cheque (No. 000025) drawn on AU Small Finance Bank for Rs. 5,25,000. The petitioner deposited the cheque on 28.03.2024, but it was dishonored by the Bank due to insufficient funds on 29.03.2024. Thereafter, the petitioner has filed a complaint against the respondent for dishonoring the cheque, registered as NIA/594/2024. 3. Learned counsel appearing for the Petitioner submits that the trial is pending since last one year and according to the provisions of Section 143(3) NI Act, the trial should be concluded preferably within a period of six months. Therefore, he prays for a direction to the trial Court to conclude and decide the Criminal Case No. NIA/594/2024 preferably within a period of six months. He has relied in the matter of Virendra Kumar Vs. Youngers Dream World Production and Another passed in CRM-M No. 23565/2024 on 13.05.2024 and also in the matter of Priyanka Vs. Youngers Dream World Production and Another in CRM-M No.23565/2024 On 16.03.2021 in High Court of Punjab & Haryana. 4. I have heard learned Counsel appearing for the Petitioner and perused the documents annexed with the petition including the order sheets of the Trial Court. 5. Section 528 is engrafted to allow the High Court to intervene in cases where there is a clear abuse of process or where it is 3 necessary to prevent injustice. It is not deemed appropriate to prescribe a time limit for the trial. Therefore, I am not inclined to direct the trial Court to conclude the trial in a shorter period. 6. Accordingly, the instant petition is hereby dismissed at motion stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.