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2026 DAILYLAW 10217 (UTT)

VIVEK SINGH v. DEVENDRA KUMAR

C528/1754/2026 · 2026-08-10

Alok Mahra

body2026

Judgment text

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UKHC010140972026 2026:UHC:7057 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1754/2026 Vivek Singh --Applicant Versus Devendra Kumar --Respondent Hon’ble Alok Mahra, J. Mr. Pranav Singh, Advocate for the applicant. 2. By means of the present Criminal Miscellaneous Application, the applicant seeks issuance of an appropriate direction to the learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar for expeditious disposal of Complaint Case No.585 of 2023. 3. Learned counsel for the applicant submits that the applicant instituted the aforesaid complaint against the respondent on 17.03.2023 for the offence punishable under Section 138 of the Negotiable Instruments Act. It is submitted that learned Additional Chief Judicial Magistrate, Roorkee, took cognizance of the complaint on 22.05.2023 and summoned the respondent to face trial. However, the respondent entered appearance only on 24.07.2025 and, thereafter, the proceedings have not progressed substantially. It is further submitted that Section 143(3) of the Negotiable Instruments Act mandates that such cases ought to be tried as expeditiously as UKHC010140972026 2026:UHC:7057 possible and, preferably, concluded within a period of six months from the date of filing of the complaint. 4. Having considered the submissions advanced by learned counsel for the applicant and upon perusal of the material on record, this Court finds that the aforesaid complaint case pertains to the year 2023 and has remained pending for a substantial period without effective progress. The legislative intent underlying Section 143(3) of the Negotiable Instruments Act is to ensure prompt adjudication of such matters. Therefore, this Court is of the considered view that the proceedings deserve to be expedited in the interest of justice. 5. Without expressing any opinion on the merits of the case, and keeping in view the overall facts and circumstances, the present application is disposed of with a direction to the learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar to make all possible endeavours to conclude the proceedings of Complaint Case No.585 of 2023 expeditiously, preferably within a period of one year from the date of production of a certified copy of this order, strictly in accordance with law. 6. It is further directed that unnecessary adjournments shall not be granted to either of the parties, and both the parties shall extend full cooperation in early disposal of the case. (Alok Mahra, J.) 10.08.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb739 3398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98744635 1E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.08.10 16:58:24 +05'30'