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2026 DAILYLAW 3070 (CHH)

SMT. RANI BAI KUKREJA v. NAVJEET SINGH TUTEJA

CRMP/384/2026 · 2026-02-04

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:6443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 384 of 2026 1 - Smt. Rani Bai Kukreja W/o Mulchand Kukreja, Aged About 64 Years, R/o Ward No. 43, Telibandha, Shyam Nagar, Main Road, Ravigram, Raipur, Chhattisgarh. ... Petitioner versus 1 - Navjeet Singh Tuteja S/o Amrik Singh Tuteja Aged About 47 Years R/o House No. 60, Srishti Garden, Opposite Airtel Office, Ring Road, Raipur, Chhattisgarh, Mobile No. 9619730244 Other Address- Satguru Enterprises, Shop No. Ug-10, Samvet Shikhar Complex, Near Dainik Bhaskar, Rajbandha Maidan, Raipur, Chhattisgarh 492001 2 - Proprietor-Tuteja Medical Agencies Address- Fafadih, Raipur, Chhattisgarh, Pin- 492009. ... Respondent For Petitioner : Mr. Sunil Otwani, Sr. Advocate with Ms. Anamika Singh, Advocate. For Respondent : Not noticed. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 05/02/ 2026 1. In this petition filed under Section 528 of Bhartiya Nagarik Surksha Sanhita, 2023, the petitioner seek a direction for expeditious disposal of Complaint Case No. 1178/2021 pending before the Judicial Magistrate First Class, Raipur (C.G.). 2 2. Learned counsel for the Petitioner submits that the complaint Case No. 1178/2021, pending since 2021, is in direct violation of the statutory mandate under Section 143(3) of NI Act, 1881, which states that ‘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 the filing of the complaint’. He further submits that from 31.01.2021 to 05.12.2024, respondent No. 1 remained absent despite the Court’s repeated directions to mark his presence, leading to the issuance of a bailable warrant against him, demonstrating his clear intention to delay and frustrate the judicial process. The respondent has repeatedly sought adjournments despite the matter being fixed for cross-examination of the complainant’s witness, contrary to the mandate of Section 346 of BNSS. Due to the prolonged pendency of the complaint, the petitioner has suffered financial hardship. Therefore, the petitioner seeks a direction to the trial Court to expedite and conclude the complaint case within a stipulated time. 3. I have heard learned Counsel appearing for the Petitioner and perused the documents annexed with the petition including the order sheets of the Trial Court. 4. Section 528 (corresponding to Section 482 of the CrPC) is 3 engrafted to allow the High Court to intervene in cases where there is a clear abuse of process or where it is necessary to prevent injustice. It is not meant to manage the trial process and specific timelines for disposal. As per order sheet dated 15.12.2025, the case is already fixed for accused’s statement, therefore, I am not inclined to direct the trial Court to expedite and conclude the trial in a time bound manner. 5. Accordingly, the instant petition is hereby dismissed at motion stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.