Uttarakhand High Court
C528/213/2026 on 18 April, 2026
2026:UHC:2812
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528 No.213 of 2026
Hon'ble Alok Mahra, J.
Mrs. Prabha Naithani, Advocate for
the applicant.
2. Despite sufficient service, no one
has put in appearance on behalf of the
respondent.
3. By means of the present Criminal
Miscellaneous Application, the applicant
seeks a direction to learned Judicial
Magistrate, Haridwar, District Haridwar,
for expeditious disposal of Complaint
Case No.89 of 2022.
4. Learned counsel for the applicant
submits that the applicant instituted a
complaint under Section 138 of the
Negotiable Instruments Act on
24.02.2022 against the respondent. It is
submitted that learned Judicial
Magistrate, Haridwar, District Haridwar,
vide order dated 13.05.2022, summoned
the accused. Thereafter, as per the
applicant, notice was served upon the
respondent. However, despite service,
the respondent failed to appear before
the Court, whereupon bailable warrants
were issued, followed by non-bailable
warrants. Thereafter, proceedings under
Section 82/83 Cr.P.C. were initiated
against the respondent and, ultimately,
on 25.10.2025, he surrendered before
the Court and was granted bail. It is
further submitted that Section 143(3) of
the Negotiable Instruments Act
mandates that every trial under the said
Act shall, as far as possible, be
2026:UHC:2812
concluded within a period of six months’
from the date of filing of the complaint,
but despite the statutory mandate, the
proceedings are being unduly delayed.
Learned counsel for the applicant,
therefore, prays that a direction be
issued to the Court concerned to
expedite the proceedings and conclude
the trial within a stipulated period.
5. Having considered the submissions
advanced by learned counsel for the
applicant and upon perusal of the
material available on record, this Court is
of the view that proceedings under
Section 138 of the Negotiable
Instruments Act are intended to be
summary in nature and are required to
be decided expeditiously in view of the
mandate contained in Section 143(3) of
the Act.
6. In the facts and circumstances of
the case, without expressing any opinion
on the merits of the case, the present
application is disposed of with a direction
to learned Judicial Magistrate, Haridwar,
District Haridwar, to make all possible
endeavours to conclude the proceedings
of Complaint Case No.89 of 2022, in
accordance with law, as expeditiously as
possible, preferably within a period of six
months’ from the date of production of a
certified copy of this order. It is made
clear that the Court concerned shall
ensure that unnecessary adjournments
are not granted to either of the parties
and shall proceed strictly in accordance
with law.
(Alok Mahra, J.)
18.04.2026
Arpan
ARPAN Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73
JAISWAL
93398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446
351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL
Date: 2026.04.18 17:30:37 +05’30’
