1 2025:CGHC:8226 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 586 of 2025 1 - Dushyant Kumar Singh S/o Gajraj Singh Aged About 43 Years R/o A/d 14, Shrreji Madhuban, Amlidih, Raipur, District- Raipur, (C.G. ). (Wrongly Mentioned As Dushyant Singh And Without Age In Annexure P/1 ) ... Petitioner(s) versus 1 - Swastik Engineers And Builders Through- Its Proprietor- Vivek Sahu, House No. 30, Sector- 1, In Front Of Vardhan Hospital, Shankar Nagar, Raipur, District- Raipur ( C.G. ). ( Details As Mentioned In Annexure P/1 ) 2 - Vivek Sahu Proprietor- Swastik Engineers And Builder, S/o Dwarka Prasad Sahu, R/o- Mig Deluxe 84, Housing Board Colony, Behind Science Center, Sector-9 Saddu, Raipur, District- Raipur - ( C.G. ). ( Details As Mentioned In Annexure P/1 ) ... Respondent(s) For Petitioner(s) : Mr. Trivikram Nayak, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 17/02/2025 1. The present petition has been filed by the petitioner under Section 2 528 of the BNSS, 2023 with regard to the Complaint Case No. 6719 of 2022 which was filed on 30.1.2022 before the Learned Court of Judicial Magistrate First Class, Raipur, C.G. against the respondent for offence u/s 138 of Negotiable Instruments Act, 1881 and it was subsequently registered by the Lower Court. The petitioner seeks exercise of the inherent jurisdiction of the Hon’ble High Court to expedite the trial in order to secure the ends of justice and to prevent the abuse of the process of the court. 2. Brief facts of the case is that the petitioner and the respondent personally know each other out of their business relations and in the course of time on the demand made by Respondents for personal emergency, petitioner had granted him loan for a sum of Rs. 12,00,000/- initially. On the request of respondents the petitioner had given the respondents a sum of Rs. 12 lakhs against their demand in January, 2022. It is submitted that on the request made by the petitioner for repayment of the aforesaid loan, respondent issued cheque no. 934830, 934831, 934832 drawn on State Bank of India dated 01.06.2022 for a sum of Rs. 5,00,000/-, Rs. 5,00,000/- and Rs. 2,00,000/- respectively. However, the same was dishonoured with remark funds insufficient and the petitioner therein had sent two legal notices dated 25.06.2022 and 02.07.2022 in compliance of Section 138 of N.I. Act. 3. Learned counsel for the petitioner contended that the right to speedy trial is an intrinsic right of the parties and inordinate delay 3 in trial would ultimately hamper the Criminal Justice system. He further contended that the matter is pending since 30.11.2022, i.e., almost more than 2 years have passed and any further delay would unnecessarily prolong the litigation. 4. I have heard learned counsel for the petitioner and perused the record with utmost circumspection. 5. Perusal of record shows that a complaint case bearing no. 6719/2022 under Section 138 of N.I.Act, 1881 is pending before the Learned JMFC, Raipur, C.G. and it was subsequently registered vide order dated 30.11.2022 but there is no substantial progress. Therefore, he prays for a direction to the Trial Court to conclude the proceedings expeditiously. 6. Since, the matter relates to the offence under Section 138 of N.I. Act, 1881 and considering the fact that the case is pending since 30.11.2022 and further there is no substantial progress in the case therefore, the learned Judicial Magistrate First Class, Raipur is directed to conclude the proceedings of the aforementioned complaint case within a period of 10 months from the date of receipt of copy of this order. 7. Accordingly, the present petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima