'Subodh Kumar vs Pradeep Kumar Garg (Now
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Uttarakhand High Court

'Subodh Kumar vs Pradeep Kumar Garg (Now on 12 March, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
No                 Registrar's order with
                        Signatures
      12.03.2025                            C528 No.324 of 2025
                                            Hon'ble Alok Mahra, J.

Heard Mr. Vipul Sharma, learned counsel for the applicant.

2. This criminal misc. application has been filed U/s 528 of BNSS for expediting the proceedings of Criminal Case No.661 of 2020, 'Subodh Kumar Vs. Pradeep Kumar Garg (now Sidharth Upadhayay Vs. Pradeep Kumar Garg after amendment), U/s 138 of N.I. Act, pending before the court of Addl. Chief Judicial Magistrate IV, District Dehradun.

3. From the perusal of the record, it is clear that the applicant filed a complaint under Section 138 N.I. Act against the respondent, which is pending since 2020.

4. In the case of "Indian Bank Association and others vs. Union of India and others", reported (2014) 5 SCC 590, the Hon'ble Apex Court has issued direction for expeditious disposal of the case under N.I. Act.

5. The Hon'ble Apex Court further in the case of In Re: Expeditious Trial of Cases under Section 138 of N.I. Act, 1881, reported in 2021 SCC Online 325 has already issued the directions for expeditious trial under Section 138 of N.I. Act.

6. From the above mentioned judgments of Hon'ble Apex Court, it is clear that the Apex Court for expeditious disposal of cases under N.I. Act, has issued several directions which the concerned court/Magistrate has to follow while deciding the cases under N.I. Act. From the observations of the Apex Court as well as analysis of Sections 138 and 143(3) of N.I. Act, it is expedient that all the proceedings under N.I. Act should be concluded expeditiously without going into unnecessary technicality.

7. Considering the aforesaid judgments, this Court directs the Addl. Chief Judicial Magistrate IV, District Dehradun to conclude the trial of Criminal Case No.661 of 2020, 'Subodh Kumar Vs. Pradeep Kumar Garg (now Sidharth Upadhayay Vs. Pradeep Kumar Garg after amendment), U/s 138 of N.I. Act, keeping in mind the direction of the Apex Court in above mentioned cases, as expeditiously as possible preferably within a period of six months from the date of receipt of certified copy of this order.

8. Pending application, if any, stands disposed of.

(Alok Mahra, J.) 12.03.2025 BS