Uttarakhand High Court
C528/785/2026 on 27 April, 2026
2026:UHC:3142
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.785 of 2026
Hon'ble Alok Mahra, J.
Mr. Shivam Sharma, Advocate for
the applicant.
2. By means of the present Criminal
Miscellaneous Application, the applicant
seeks issuance of an appropriate
direction to the learned Judicial
Magistrate-II, Dehradun for expeditious
disposal of Complaint Case No.6873 of
2021.
3. Learned counsel for the applicant
submits that the applicant instituted a
complaint against the respondent under
Section 138 of the Negotiable
Instruments Act. It is submitted that
learned IIIrd Additional Chief Judicial
Magistrate, Dehradun vide order dated
25.04.2022, summoned the respondent.
Thereafter, summons were duly served
upon the respondent; however, despite
service, he failed to appear before the
Court, compelling the issuance of
bailable warrants and subsequently non-
bailable warrants against him.
Proceedings under Section 82 Cr.P.C.
were also initiated. However, despite the
lapse of considerable time thereafter, the
proceedings have not made meaningful
progress. It is further submitted that
Section 143(3) of the Negotiable
Instruments Act mandates that such
cases ought to be tried as expeditiously
as possible and, preferably, concluded
within a period of six months from the
date of filing of the complaint.
2026:UHC:3142
4. Having considered the submissions
advanced by learned counsel for the
applicant and upon perusal of the
material on record, this Court finds that
the complaint case pertains to the year
2021 and has remained pending for a
substantial period without effective
progress. The legislative intent
underlying Section 143(3) of the
Negotiable Instruments Act is to ensure
prompt adjudication of such matters.
Therefore, this Court is of the considered
view that the proceedings deserve to be
expedited in the interest of justice.
5. Without expressing any opinion on
the merits of the case, and keeping in
view the overall facts and circumstances,
the present application is disposed of
with a direction to the learned Judicial
Magistrate-II, Dehradun, to make all
possible endeavours to conclude the
proceedings of Complaint Case No. 6873
of 2021 expeditiously, preferably within a
period of three months’ from the date of
production of a certified copy of this
order, strictly in accordance with law.
6. It is further directed that
unnecessary adjournments shall not be
granted to either of the parties, and both
the parties shall extend full cooperation
in early disposal of the case.
(Alok Mahra, J.)
27.04.2026
Arpan
ARPAN
Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c04853654
45e3a20dddb7393398f9fe45ba3e,
JAISWAL
postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C
5109CB987446351E4DF04AADAA2C2CEA66,
cn=ARPAN JAISWAL
Date: 2026.04.27 18:05:05 +05’30’
