Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 3226 (UTT)

KRISHNAKANT v. JURESH KUMAR

C528/213/2026 · 2026-04-18

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:2812 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.213 of 2026 Hon’ble Alok Mahra, J. Mrs. Prabha Naithani, Advocate for the applicant. 2. Despite sufficient service, no one has put in appearance on behalf of the respondent. 3. By means of the present Criminal Miscellaneous Application, the applicant seeks a direction to learned Judicial Magistrate, Haridwar, District Haridwar, for expeditious disposal of Complaint Case No.89 of 2022. 4. Learned counsel for the applicant submits that the applicant instituted a complaint under Section 138 of the Negotiable Instruments Act on 24.02.2022 against the respondent. It is submitted that learned Judicial Magistrate, Haridwar, District Haridwar, vide order dated 13.05.2022, 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, followed by non-bailable warrants. Thereafter, proceedings under Section 82/83 Cr.P.C. were initiated against the respondent and, ultimately, on 25.10.2025, he surrendered before the Court and was granted bail. 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 2026:UHC:2812 concluded within a 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. 5. 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. 6. 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 Judicial Magistrate, Haridwar, District Haridwar, to make all possible endeavours to conclude the proceedings of Complaint Case No.89 of 2022, in accordance with law, as expeditiously as possible, preferably within a period of six 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.) 18.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb73 93398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446 351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.18 17:30:37 +05'30'