Extracted from the PDF above. The PDF is authoritative.
UKHC010117552026
2026:UHC:5602 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528/1454/2026
Hariom Singh --Applicant Versus Nazar Khan --Respondent
Hon'ble Rakesh Thapliyal, J.
1. Mr. Prince Chauhan, learned counsel for the applicant.
2. Mr. Tumul Nainwal, learned AGA for the State.
3. The instant C 528 petition has been filed for expediting the proceedings of Complaint Case No. 344 of 2023 (Hariom Vs. Nazar Kha) initiated under Section 138 of the Negotiable Instruments Act pending in the court of learned Judicial Magistrate, Jaspur, District Udham Singh Nagar.
4. Earlier for the same cause of action, applicant has preferred C528 No. 144 of 2024 wherein the Coordinate Bench on 09.08.2024
directed the concerned Trial Court to expedite the proceeding, as expeditiously as possible, but not later than one year from the date of production of certified copy of the order.
5.
Learned counsel for the applicant submits that certified copy of the order dated 09.08.2024, was placed before the trial court on 15.10.2024 and thereafter, almost 16 – 18 months have passed but the trial has yet not been expedited, which is against the mandate of order dated 09.08.2024 passed by the Coordinate Bench. He submits that under Section 143 of the Negotiable Instruments Act, proceeding has to be expedited within 6 months but here in the present case, the period as stipulated under the Act has already been exceeded but the trial has not expedited so far. He further submits that respondent is adopting delaying tactics though non bailable warrants has
UKHC010117552026
2026:UHC:5602 already been issued against accused, therefore, trial court may be directed to expedite the proceedings ex parte.
6. Taking into consideration the mandate of Section 143 of the Negotiable Instruments Act, the trial court is directed to expedite the proceedings of Complaint Case No. 344 of 2023 (Hariom Vs. Nazar Kha) pending in the court of learned Judicial Magistrate, Jaspur, District Udham Singh Nagar within three months positively from the date of production of certified copy of this order, keeping also in mind the directions issued by the Coordinate Bench of this Court in C528 No. 144 of 2024 decided on 09.08.2024.
(Rakesh Thapliyal, J.) 09.07.2026 SKS