Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6201 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 1125 of 2025 16th July, 2025
Galaxy Security Services through Proprietor Shri Iqbal Singh
--Applicant Versus
Ishan Prakash Gupta
--Respondent ---------------------------------------------------------------------- Presence:- Mr. Nalin Saun, learned counsel for the Applicant. ---------------------------------------------------------------------- Hon’ble Ashish Naithani, J. (Oral)
Heard learned counsel for the applicant. 2. By means of this C528 Application, the Applicant seeks the indulgence of this Hon’ble Court for a direction to the learned Judicial Magistrate-III, Dehradun, to expedite the proceedings of Criminal Complaint No. 3348 of 2019, 'Galaxy Security vs. Ishan Prakash Gupta', for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and to decide the case in accordance with the provisions of Section 143(c) of the N.I. Act, 1881, within a time-bound period as may be fixed by this Hon’ble Court. 3. Learned counsel for the Applicant submits that the complaint was filed by the Applicant in the month of June, 2019 and the respondent-accused was summoned under Section 138 of the N.I. Act and the matter is pending since 2019. 4. It is argued by the learned counsel for the Applicant that under Section 143(3) of the NI Act, the law has enjoined the duty upon the trial court to 1
2025:UHC:6201 conclude the trial under Section 138 of the NI Act within a period of 06 months and since, in the case in hand, the matter is pending since 2019, therefore, a direction is needed to learned trial court to expedite the proceedings of the aforesaid Complaint Case. 5. I have perused the provision of Sub-Section (3) of Section 143 of the N.I. Act, which is quoted below:
“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.”
6.
In view of the statutory obligation upon the Court to decide cases under the N.I. Act within a period of six months from the date of filing of the complaint, the present C528 application is disposed of with a direction to the learned Judicial Magistrate- III, Dehradun, to expedite the proceedings of Criminal Complaint No. 3348 of 2019, 'Galaxy Security vs. Ishan Prakash Gupta', for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, as early as possible. (Ashish Naithani, J.)
16.07.2025 Shiksha
2 SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6 b3a2c24b5aa08b09c12f21822fbd40bf63 9b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C527 96A542D7FF0A9BED00E67B5283D205F 18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.17 10:24:03 +05'30'