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2025 DAILYLAW 4050 (UTT)

DEVPAL v. DEBI KAY SYSTEMS PVT. LTD.

C528/342/2025 · 2025-04-08

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:2652 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 342 of 2025 08 April, 2025 Devpal --Petitioner Versus Debi Kay Systems Pvt. Ltd. and Another --Respondent ---------------------------------------------------------------------- Presence:- Mr. Anuj Kumar Tyagi, Advocate for the petitioner. ---------------------------------------------------------------------- Hon'ble Vivek Bharti Sharma, J. This criminal miscellaneous application under Section 528 of B.N.S.S. has been filed with a prayer to direct the learned Court below to decide the proceedings of Complaint Case No.2092 of 2024, “Devpal Vs. Debi Kay Systems Private Limited and Others” (U/s 138 of Negotiable Instruments Act, 1881), P.S. Kotwali Roorkee, District-Haridwar, pending before the Court of learned Additional Chief Judicial Magistrate, Roorkee, District- Haridwar, expeditiously. 2. Learned counsel for the petitioner has drawn attention of this Court towards Section 143(3) of the Negotiable Instrument Act, 1881, which is being quoted herein below for reference:- “143. Power of Court to try cases summarily:- 1……. 2…….” 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.” 4. Speedy justice is one of the fundamental rights 1 2025:UHC:2652 of a person guaranteed under the Constitution of India. 5. Certified copy of the order sheet of the trial court has also been brought on record. 6. The present criminal misc. application filed under Section 528 of B.N.S.S. is disposed of with a direction to the Court below to decide the Complaint Case No.2092 of 2024, “Devpal Vs. Debi Kay Systems Private Limited and Others” (U/s 138 of Negotiable Instruments Act, 1881), P.S. Kotwali Roorkee, District- Haridwar, pending before the Court of learned Additional Chief Judicial Magistrate, Roorkee, District-Haridwar in the light of provisions of Section 143 (3) of the Negotiable Instruments Act, 1881 expeditiously. (Vivek Bharti Sharma, J.) 08.04.2025 SS 2