ASHOK SAHU SON OF SHRI LAL CHAND SAHU v. INDERJEET VERMA SON OF SHRI GNAPAT LAL VERMA
CRLMP/6150/2025 · 2025-11-28
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47456 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47456 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:48508] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6150/2025 Ashok Sahu Son Of Shri Lal Chand Sahu, Aged About 33 Years, Resident Of Makan No. 1-F-12, Sanjay Nagar-B, Kota (Raj.) ----Petitioner Versus Inderjeet Verma Son Of Shri Gnapat Lal Verma, Aged About 33 Years, Resident Of Suman Kirana Store Ke Paas, Gram Rainpura, D.c.m. Road, Kota. ----Respondent For Petitioner(s) : Mr.Vishram Prajapati For Respondent(s) : Mr.Amit Punia, PP JUSTICE ANOOP KUMAR DHAND
Order 28/11/2025
1. By way of filing the instant criminal misc. petition, a prayer has been made for issuing directions to the Special Judicial Magistrate (N.I. Act Cases) No.3, Kota to decide the criminal complaint No.456/2023, expeditiously as early as possible, within a period of two months.
2.
Learned counsel for the petitioner submits that the complaint filed by the petitioner under Section 138 of NI Act is pending for its adjudication before the Court of Special Judicial Magistrate since 2022. Hence, appropriate directions be issued to the Court concerned to speed up the proceedings of the trial and conclude the same within the above stipulated time.
3. Heard and considered the submissions made at the Bar and perused the material available on record.
[2025:RJ-JP:48508] (2 of 2) [CRLMP-6150/2025]
4. Perusal of the record indicates that a complaint under Section 138 of Negotiable Instruments Act was submitted by the petitioner against the accused on 01.11.2022, wherein cognizance was taken by the trial Court against the accused on 09.01.2023 and thereafter, he was summoned to face the trial.
5. The Hon’ble Apex Court, in the case of A.R. Antulay & Ors. Vs. R.S. Nayale & Anr. reported in 1992 (1) SCC 225 and in the case of P. Rama Chandra Rao. Vs. State of Karnataka reported in 2022 (4) SCC 578, has deprecated the practice of the Constitutional Court issuing such directions by prescribing a fixed timeline to conclude the trial. Hence, under these circumstances, the direction sought for cannot be granted by this Court in exercise of its inherent jurisdiction contained under Section 528 of BNSS. But, looking to the fact that the complaint is lying pending for its adjudication since 2022, it is expected from the Court concerned to make all possible endeavors to decide the complaint expeditiously as early as possible.
5. With the aforesaid observations/directions, the instant petition stands disposed of. All pending applications, if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /29