Extracted from the PDF above. The PDF is authoritative.
2026:UHC:2849 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528 No.747 of 2026 Hon’ble Alok Mahra, J.
Ms. Pooja Gaur and Mr. R.C. Tamta, Advocates for the applicant.
2. By means of the present Criminal Miscellaneous Application, the applicant seeks a direction to learned Additional Chief Judicial Magistrate-II, Kashipur, District Udham Singh Nagar, for expeditious disposal of Criminal Case No.32 of 2025.
3.
Learned counsel for the applicant submits that the applicant instituted a complaint under Section 138 of the Negotiable Instruments Act on 15.01.2025 against the respondent. It is submitted that learned Additional Chief Judicial Magistrate-II, Kashipur, District Udham Singh, vide
order dated 17.02.2025, summoned the accused. Thereafter, as per the applicant, notice was served upon the respondent. However, despite service, the respondent failed to appear before the Court, whereupon bailable warrants were issued on 27.05.2025, followed by non-bailable warrants. Thereafter, on 09.01.2021, respondent appeared before the Court and was granted bail. Again on 12.01.2026 respondent was not present and on 09.02.2026 he moved an applicant for exemption, which was allowed by the Court. It is further submitted that Section 143(3) of the Negotiable Instruments Act mandates that every trial under the said Act shall, as far as possible, be concluded within a
2026:UHC:2849 period of six months’ from the date of filing of the complaint, but despite the statutory mandate, the proceedings are being unduly delayed. Learned counsel for the applicant, therefore, prays that a direction be issued to the Court concerned to expedite the proceedings and conclude the trial within a stipulated period.
4. Having considered the submissions advanced by learned counsel for the applicant and upon perusal of the material available on record, this Court is of the view that proceedings under Section 138 of the Negotiable Instruments Act are intended to be summary in nature and are required to be decided expeditiously in view of the mandate contained in Section 143(3) of the Act.
5. In the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present application is disposed of with a direction to learned Additional Chief Judicial Magistrate-II, Kashipur, District Udham Singh Nagar, to make all possible endeavours to conclude the proceedings of Criminal Case No.32 of 2025, in accordance with law, as expeditiously as possible, preferably within a period of three months’ from the date of production of a certified copy of this
order. It is made clear that the Court concerned shall ensure that unnecessary adjournments are not granted to either of the parties and shall proceed strictly in accordance with law.
(Alok Mahra, J.)
20.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dd db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987 446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.20 16:38:18 +05'30'