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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C-528 No. 936 of 2026 Hon ’ble Alok Mah r a, J.
Mr. Rishab Ranghar, learned counsel for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. The present criminal misc. application has been filed by the applicant seeking a direction to expedite the proceedings of Complaint Case No. 4494 of 2022, Bhuwaneshwari Rawat Vs. Rashmi Pal, pending in the Court of learned 7th Additional Civil Judge (Sr. Div.)/ ACJM, Dehradun.
4. In this case, a complaint under Section 138 of Negotiable Instruments Act, 1881 was filed by the applicant on
20.06.2022. Thereafter, the learned Magistrate took cognizance and summoned the accused. The accused appeared on 13.06.2024 and thereafter she absented herself. Thereafter bailable warrants were issued against her. Then again she appeared before the Magistrate and bail was granted to her and again she adopted the same course and absented herself. Then, again twice non- bailable warrants were issued to the applicant.
5.
Learned counsel for the applicant has drawn the attention of this Court to Section 143(3) of the N.I. Act, which mandates that cheque dishonour trials be conducted expeditiously, aiming to conclude within six months from the filing date. But, here, in this case, four years have elapsed and the complaint is still pending. Learned counsel for
the applicant would further submit that respondent is deliberately prolonging the proceedings of the case and the prolonged pendency of the trial is causing continuous uncertainty and hardship to the applicant. Thus, it would be expedient if the trial is concluded expeditiously. Hence, a direction for expeditious disposal of the case has been prayed for.
6. Having considered the
submissions advanced by learned counsel for the applicant under the facts and circumstances of the case, this Court is of the view that the interest of justice would be served by directing the trial court to expedite the proceedings.
7. Accordingly, the present criminal misc. application is disposed of with a direction to the court concerned to make all possible endeavours to conclude the proceedings of Complaint Case No. 4494 of 2022, Bhuwaneshwari Rawat Vs. Rashmi Pal, pending in the Court of learned 7th Additional Civil Judge (Sr. Div.)/ ACJM, Dehradun, as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, without granting unnecessary adjournments to either party.
8. Pending applications, if any, shall stand
disposed of accordingly.
( Alok Mah r a J.)
07.05.2026 Ujjwal