2025:UHC:207 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application (u/s 528) No. 11 of 2025 07 January, 2025 Anant Tyagi --Applicant Versus Ashwani Kumar --Respondent ---------------------------------------------------------------------- Presence:- Mr. Prince Chauhan, learned counsel for the applicant. Hon’ble Pankaj Purohit, J. (Oral) Heard learned counsel for the applicant. 2. By means of the present C528 application, applicant has sought the indulgence of this Court for a direction to the learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar to expedite the proceedings of Complaint Case No.1004 of 2021 Anant Tyagi Vs. Ashwani Kumar, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 pending before it within a stipulated time. 3. It is contended by learned counsel for the applicant that a complaint under Section 138 of the N.I. Act was filed by the applicant on 15.09.2021 alleging therein that a loan amounting to Rs.3,00,000/- was taken by the respondent from the applicant with the assurance to refund money after some time. When the applicant requested him for the said amount, he gave him a cheque No.813725 dated 10.06.2021 Punjab National Branch, Lehboli, Haridwar of the said amount. The applicant submitted the said cheque for encashment, but it was returned with remark ‘fund insufficient’. 2025:UHC:207 2 4. Learned counsel for the applicant also submitted that the learned Additional CJM, after taking cognizance of the matter, summoned the respondent vide summoning order dated 04.07.2023. When the respondent did not turn up, bailable warrant was issued against him on 24.05.2024. He further submits that the pendency of trial since 15.09.2021 violates his Fundamental Right of Speedy disposal under Article 21 of the Constitution of India. 5. I have heard learned counsel for the applicant and carefully perused the entire documents available on record. 6. Since, the respondent has not put in appearance in the complaint case so far, it would not be proper to direct for expeditiously hearing of the Complaint Case No.1004 of 2021 Anant Tyagi Vs. Ashwani Kumar. Accordingly, no interference is needed. 7. The present C528 application is dismissed in-limine. 8. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 07.01.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b 5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A 83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.01.07 16:40:23 +05'30'