Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3142 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.785 of 2026 Hon’ble Alok Mahra, J.
Mr. Shivam Sharma, Advocate for the applicant.
2. By means of the present Criminal Miscellaneous Application, the applicant seeks issuance of an appropriate direction to the learned Judicial Magistrate-II, Dehradun for expeditious disposal of Complaint Case No.6873 of
2021.
3.
Learned counsel for the applicant submits that the applicant instituted a complaint against the respondent under Section 138 of the Negotiable Instruments Act. It is submitted that learned IIIrd Additional Chief Judicial Magistrate, Dehradun vide order dated 25.04.2022, summoned the respondent. Thereafter, summons were duly served upon the respondent; however, despite service, he failed to appear before the Court, compelling the issuance of bailable warrants and subsequently non- bailable warrants against him. Proceedings under Section 82 Cr.P.C. were also initiated. However, despite the lapse of considerable time thereafter, the proceedings have not made meaningful progress. It is further submitted that Section 143(3) of the Negotiable Instruments Act mandates that such cases ought to be tried as expeditiously as possible and, preferably, concluded within a period of six months from the date of filing of the complaint.
2026:UHC:3142
4. Having considered the submissions advanced by learned counsel for the applicant and upon perusal of the material on record, this Court finds that the complaint case pertains to the year 2021 and has remained pending for a substantial period without effective progress. The legislative intent underlying Section 143(3) of the Negotiable Instruments Act is to ensure prompt adjudication of such matters. Therefore, this Court is of the considered view that the proceedings deserve to be expedited in the interest of justice.
5. Without expressing any opinion on the merits of the case, and keeping in view the overall facts and circumstances, the present application is disposed of with a direction to the learned Judicial Magistrate-II, Dehradun, to make all possible endeavours to conclude the proceedings of Complaint Case No. 6873 of 2021 expeditiously, preferably within a period of three months’ from the date of production of a certified copy of this
order, strictly in accordance with law.
6. It is further
directed that unnecessary adjournments shall not be granted to either of the parties, and both the parties shall extend full cooperation in early disposal of the case.
(Alok Mahra, J.) 27.04.2026 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=eabb68a3895e41937c266c23964c04853654 45e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C 5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.27 18:05:05 +05'30'