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2026 DAILYLAW 4387 (UTT)

JASVINDER SINGH v. STATE OF UTTARAKHAND

C528/817/2026 · 2026-04-29

Alok Mahra

body2026

Judgment text

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2026:UHC:3275 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/817/2026 Hon’ble Alok Mahra, J. Mr. M.K. Ray, learned counsel for the applicant. 2. Mr. S.C. Dumka, learned A.G.A. for the State. 3. Present C-528 application has been filed with the prayer to issue a direction to the court concerned to decide Criminal Complaint Case No. 578 of 2023, instituted under Section 138 of the Negotiable Instruments Act, 1881 (“the N.I. Act”), pending before the Court of learned Additional Chief Judicial Magistrate/3rd Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar, within the stipulated period as contemplated under Section 143(3) of the N.I. Act. 4. Learned counsel for the applicant submits that the applicant had given a sum of ₹8,00,000/- to respondent no. 2 as a friendly loan; that, in discharge of the said liability, respondent no. 2 issued a cheque of the said amount in favour of the applicant; that, however, upon presentation, the said cheque was dishonoured by the bank; that, thereafter, the applicant complied with all the mandatory statutory requirements, including issuance of legal notice, and subsequently instituted a complaint under Section 138 of the N.I. Act. 5. He would further submit that the learned trial court took cognizance of the 2026:UHC:3275 offence on 25.08.2025 and issued summons to respondent no. 2. However, respondent no. 2 has not been appearing before the court and has not been cooperating in the proceedings. Due to his absence, the matter has been adjourned repeatedly, and no effective progress has been made in the case. As a result, the complaint remains pending without any substantial development, which defeats the object of expeditious disposal contemplated under Section 143(3) of the Negotiable Instruments Act, which provides that such cases should be decided within six months. 6. Having considered the submissions advanced and upon perusal of the material on record, this Court finds that the grievance raised by the applicant is justified. 7. Accordingly, without expressing any opinion on the merits of the case, the Court of learned Additional Chief Judicial Magistrate/3rd Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar, is directed to make all possible endeavours to conclude the proceedings of Criminal Complaint Case No. 578 of 2023 in accordance with law, expeditiously, preferably within a period of four months from the date of production of a certified copy of this order. 8. With the aforesaid direction, the present application stands disposed of. (Alok Mahra, J.) 29.04.2026 Mamta MAMT A RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e 584af1449e430ef900bf09a6d67ebb d642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabf d54852c9e68911ca8b66dd26690a1 91648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.04.30 17:18:35 +05'30'