Abhishek Aggarwal vs Mr. Mehangu Ram
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Uttarakhand High Court

Abhishek Aggarwal vs Mr. Mehangu Ram on 19 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL

      Criminal Misc. Application No. 435 of 2024
Abhishek Aggarwal                                         ..........Petitioner

                                      Vs.

Mr. Mehangu Ram                                         ........ Respondent

Present :   Mr. Nishant Krishna Adhikari, Advocate for the petitioner.




                                JUDGMENT

Per : Hon'ble Ravindra Maithani, J.

By means of the instant petition, the petitioner

seeks directions for expeditious disposal of the Complaint

Case No. 1413 of 2022, Abhishek Aggarwal vs. Mehangu

Ram, pending in the court of Judicial Magistrate First,

Dehradun, District Dehradun ("the case") claiming

direction that the case to be decided expeditiously.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the petitioner would

submit that according to Section 143 of the Negotiable

Instruments Act, 1881 ("the Act"), the case ought to have

been decided within sixty days from the date of filing of a

complaint, but it is not done in this case.

4. It is true that Section 143(3) of the Act, inter

alia, provides that 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 complaints. It is also true

that it has not been done in the instant case. But, in

every case, this Court may not direct for deciding the case

of the instant nature within six months. This Court has

no doubt that the cases are decided as expeditiously as

possible keeping in view the type of cases, age of cases

and pendency of cases in a particular court.

5. This Court need not remind the court below the

legislative mandate, as incorporated under Section 143(3)

of the Act.

6. With the above observation, the petition stands

disposed of.

(Ravindra Maithani, J.) 19.09.2024 Sanjay