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2026 DAILYLAW 838 (UTT)

VISHAL AGARWAL v. RITU SHARMA

C528/258/2026 · 2026-02-23

Rakesh Thapliyal

Special Leave Petitionbody2026

Judgment text

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2026:UHC:1210 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/258/2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Ramji Srivastava, learned counsel for the applicant. 2. Mr. S.S. Chauhan, learned Dy. A.G. with Mr. Vikas Uniyal, learned Brief Holder for the State. 3. By the instant application, moved under Section 528 of BNSS 2023, the applicant herein is praying for expediting the complaint case no. 3971 of 2021, titled as Vishal Agarwal vs. Ritu Sharma, preferred under Section 138 of N.I. Act pending in the court of Judicial Magistrate,II, Dehradun. 4. It is argued by the learned counsel for the applicant that a complaint case was filed by the applicant in reference to 8 cheques which got dishonoured by the concerned bank, and though this complaint was filed in the year 2021 but the same has yet not been expedited. He also submits that respondent Ritu Sharma also challenged the proceedings in C482 No. 148 of 2023 but the same was also dismissed by the coordinate Bench on 28.04.2025, and, thereafter, she approached the Hon’ble Apex Court by filing Special Leave Petition (criminal) Diary No. 60049 of 2025 and the said SLP was also dismissed on 30.01.2026. He also submit that while filing the complaint, the applicant took steps to serve the respondent in the same address which she has mentioned in C482 petition as well as before the Apex Court but she never put appearance to participate in the proceeding. 5. Apart from this it is argued that as per the mandate of Section 143(3) of the N.I. Act every proceeding under section 138 of N.I. Act has to be completed and 2026:UHC:1210 concluded within six month from the date of filing of the complaint. 6. Learned counsel for the applicant submits that in this case complainant under Section 138 of N.I. Act was filed on 16.08.2021 but up till date same has yet not been expedited which is against the mandate of Section 143(3) of N.I. Act. 7. I found force on the submissions of the learned counsel for the applicant. In such view of the matter, the instant C482 application is disposed of with the direction to the concerned trial court to expedite the proceeding of complaint case no. 3971 of 2021, titled as Vishal Agarwal vs. Ritu Sharma, preferred under Section 138 of N.I. Act as expeditiously as possible preferably within four months from the date of production of certified copy of the order. (Rakesh Thapliyal, J.) 23.02.2026 Parul 2026:UHC:1210