Rishi Rana vs Mrs. Sushma
2024 Latest Caselaw 2184 UK

Uttarakhand High Court

Rishi Rana vs Mrs. Sushma on 21 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL

      Criminal Misc. Application No.428 of 2024
Rishi Rana                                                ..........Petitioner

                                      Vs.

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


                                JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Instant petition under Section 528 of the

Bhartiya Nagarik Suraksha Sanhita, 2023 has been

preferred by the petitioner seeking direction that the

Complaint Case No. 4212 of 2022, Rishi Rana Vs.

Sushma, under Section 138 of the Negotiable Instruments

Act, 1881 ("the Act"), pending in the court Judicial

Magistrate 1st, Dehradun be decided expeditiously.

2. Heard learned counsel for the parties and perused the record.

3. Learned counsel for the petitioner would

submit that the complaint was filed in the year 2022. Till

date, the respondent has not appeared despite issuance

of bailable and non-bailable warrants. Order sheets of the

case have been filed. It reveals that on 23.04.2024, the

trial court has passed a detailed order and, in fact,

directed the Police Officer concerned to ensure service of

processes.

4. Undoubtedly, there are provisions of

expeditious trial of the case under the Act. Section 143 (3)

reads as hereunder:-

"143, Power of court to try cases summarily-

(1).............................................................................

................................................................................. ................................................................................ (2)............................................................................ (3) Every trial under this section shall be concluded as expeditiously as possible and an endevour shall be made to conclude the trial within six months from the date of filing of the complaint."

5. In every case, this Court may not issue

directions for deciding the case within the specified time.

As stated that the court below has passed a detailed order

to ensure the presence of the petitioner.

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.) 21.09.2024 Jitendra