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2026 DAILYLAW 2415 (UTT)

INDIA METAL SCRAP v. BEERPAL SINGH

C528/306/2026 · 2026-02-26

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. 306 of 2026 Hon’ble Alok Mahra, J. Heard Mr. Vaibhav Singh Chauhan, learned counsel for the applicant. 2. The present criminal misc. application has been filed by the applicant with a prayer to direct the learned Trial Court to decide the matter as expeditiously as possible, which is pending as Complaint Case No. 313 of 2022 under Section 138 of Negotiable Instrument Act, pending in the Court of 1st Judicial Magistrate, Roorkee, District Haridwar. 3. Learned counsel for the applicant submits that the Complaint Case No. 313 of 2022 under Section 138 of Negotiable Instrument Act was filed way back in the year 2022 and is pending since then and the respondent is deliberately delaying the disposal of the case. The order-sheet of the case has also been filed. The complaint in the case was filed on 27.06.2022. It is more than three years. 4. Be it as it may, in fact, the court below has passed strict orders, as well, at various occasions directing the private respondent to adduce evidence in advance. Section 143(4) of the Act expects the Court to decide the cases under section 138 of the Act expeditiously. Sub-section (4) 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.” 5. 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 three months from the date of production of certified copy of this order. 6. With the above observation, the petition stands disposed of. (Alok Mahra J.) 26.02.2026 Ujjwal