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2026 DAILYLAW 9297 (UTT)

M/S MODERN HANDLOOM v. DEVENDRA SINGH CHAUDHARY

C528/1660/2026 · 2026-07-31

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010134322026 2026:UHC:6676 UKHC010134322026 C528/1660/2026 M/s Modern Handloom --Applicant Versus Devendra Singh Chaudhary --Respondent Hon’ble Rakesh Thapliyal, J. Mr. Pankaj Kumar Sharma, learned counsel for the applicant. 2. By the instant application, preferred under Section 528 of BNS, 2023 the applicant is praying for expeditious disposal of Complaint Case No. 2520 of 2025 (M/s Modern Handloom Vs. Devendra Chaudhary) under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’) pending in the court of 1st Judicial Magistrate, Dehradun, within a stipulated time. 3. Learned counsel for the applicant submits that present applicant filed a Complaint Case No. 2520 of 2025 (M/s Modern Handloom Vs. Devendra Chaudhary) under Section 138 of the NI Act against respondent on 19.04.2025 and learned trial court took cognizance on 16.10.2025 and despite service, respondent did not appear before the trial court, therefore, the trial court issued bailable warrants, even then, he did not appear before the trial court though several dates have already been fixed before the trial court and he is deliberately avoiding his presence. 4. Learned counsel for the applicant submits that he has initiated the proceeding under Section 138 N.I. Act in the year of 2025 but respondent is adopting delay tactics. 5. Learned counsel for the applicant placed reliance on Section 143(3) of the N.I. Act, which reads as under:- “143. Power of Court to try cases summarily.— (1) … (2) … (3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.” 6. As it appears from Section 143 (3) of the N.I. Act, every trial shall be concluded as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint, whereas in this case, the complaint was filed in the year 2025 and the order-sheet of the said complaint case reveals that on a number of dates the case was listed, but for some reason or the other, it has been adjourned and has not been decided as yet, and no attempts are being made for expediting this proceeding. This is certainly against the mandate of Section 143(3) of the N.I. Act. Therefore, I direct the Court concerned to expedite the proceeding of Complaint Case No. 2520 of 2025 (M/s Modern Handloom Vs. Devendra Chaudhary) under Section 138 of the N.I. Act, as early as possible after taking into consideration the mandate of Section 143 (3) of the N.I. Act and the same be concluded positively within a period of nine months from the date of production of certified copy of this order. 7. In view of the above, the present C528 petition is disposed of. (Rakesh Thapliyal, J.) 31.07.2026 Nitesh/