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2025:UHC:6651
SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C-528 No. 1247 of 2025 Hon’ble Ashish Naithani, J.
Mr. Faizan Ali, learned counsel for the Applicant.
2. The present Application under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, is being filed by the Applicant- Shakeel Aehmad, with a limited prayer for issuance of appropriate directions for the expeditious disposal of Criminal Case No. 220 of 2020, titled as “Shakeel Aehmad vs. Abhilash”, under Section 138 of the Negotiable Instruments Act, 1881, which is pending before the learned Judicial Magistrate, Ist, Roorkee, District Haridwar, since 25.01.2020.
3.
Learned counsel for the Applicant submits that, since the inception of the said case, nothing much has progressed. In view of the statutory mandate under Section 143(2) and (3) of the Negotiable Instruments Act, 1881, the case is required to be disposed of within a prescribed time frame.
4. The prayer appears to be innocuous and reasonable.
5. This Court is of the considered view that the right to speedy justice is a fundamental right of the litigant.
6. In view of the above facts and circumstances, and considering the grounds raised in this application, the same is hereby disposed of with a direction/request to the Learned Judicial Magistrate, Ist, Roorkee, District Haridwar, to make all possible efforts to ensure expeditious hearing and disposal of Criminal Case No. 220 of 2020, “Shakeel Aehmad vs. Abhilash”, under Section 138 of the Negotiable Instruments Act, 1881, in accordance with law and subject to there being no legal impediment.
(Ashish Naithani, J.) 30.07.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.30 17:55:13 +05'30'
2025:UHC:6651