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(2025) Law Today Live Doc. Id. 20426 = 2025:UHC:8252
Decided on: 16.09.2025
Counsel for the Applicant:
Mr. Nishant Krishna Adhikari, Advocate.
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Long pendency of cheque bounce complaint – Petition seeking direction to decide expeditiously – Complaint is pending since 2020 – Petition allowed, Ld. Additional Chief Judicial Magistrate directed to expedite the proceedings and conclude the proceedings as per law as expeditiously as possible without granting any unnecessary adjournment to the parties. Indian Bank Association’ case (2014) 5 SCC 590 relied.
(Para 1-5)
Cases referred:
1. Indian Bank Association and Others vs. Union of India and Others, (2014) 5 SCC 590.
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ALOK KUMAR VERMA, J. –
A Complaint Case No.211 of 2020, “Shri Dinesh Singh Vs. Shri Vikram Dutt”, is pending before the Court of Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal under Section 138 of the Negotiable Instruments Act, 1881.
2. Heard Mr. Nishant Krishan Adhikari, learned counsel for the applicant.
3. This Application has been filed by the applicant-complainant to direct the concerned court to decide the said complaint case as expeditiously as possible.
4. In Indian Bank Association and Others vs. Union of India and Others, (2014) 5 SCC 590, the Hon’ble Supreme Court has directed all the Criminal Courts in the country dealing with the cases under Section 138 of the Negotiable Instruments Act, 1881 for speedy and expeditiously disposal of the cases falling under Section 138 of the Negotiable Instruments Act, 1881.
5. The complaint case is pending since 2020. Therefore, keeping in mind the directions of the Hon’ble Supreme Court, the present Application (C528 No.354 of 2025), is allowed directing the Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal to expedite the proceedings of the said Complaint Case No.211 of 2020 and conclude the proceedings as per law as expeditiously as possible without granting any unnecessary adjournment to the parties.
Application allowed.
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