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2026 DAILYLAW 2072 (UTT)

NAVAB ALI v. DILSHAD

C528/571/2026 · 2026-04-02

Alok Mahra

body2026

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 571 of 2026 Hon’ble Alok Mahra, J. Mr. Yogesh Upadhayay, learned counsel for the applicant. 2. The present criminal misc. application has been filed by the applicant with a prayer to direct the Court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar to decide the matter as expeditiously as possible, which is pending as Criminal Complaint Case No. 515 of 2024, Navab Ali Vs. Dilshad Ali, under Section 138 of Negotiable Instrument Act, in the Court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar. 3. Learned counsel for the applicant submits that the Criminal Complaint Case No. 515 of 2024, under Section 138 of Negotiable Instrument Act was filed on 31.08.2024 and after cognizance, notices were served upon the respondent on 16.11.2024, wherein, he has put in his appearance on 26.11.2024, but, till date, the case is still pending and the respondent is deliberately delaying the disposal of the case. The order-sheet of the case has also been filed by the applicant. 4. Heard learned counsel for the parties and perused the record. 5. Section 143(3) of the Act expects the Court to decide the cases under section 138 of the Act expeditiously. Sub-section (3) to section 143 of it is as hereunder:- “143. Power of Court to try cases summarily.— ..................................................................................... .................................................................................... (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. This Court may remind the court below the legislative mandate as incorporated under section 143(3) of the Act with the hope that all endeavour should be made to decide the cases under section 138 of the Act as expeditiously as possible. Insofar as the instant case is concerned, the court may consider to hear the case on day to day basis and shall decide the matter as expeditiously as possible, preferably within a period of five months from the date of production of certified copy of this order. 7. With the above observation, the petition stands disposed of. (Alok Mahra J.) 02.04.2026 Ujjwal