Uttarakhand High Court
‘Subodh Kumar vs Pradeep Kumar Garg (Now on 12 March, 2025
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orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
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12.03.2025 C528 No.325 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.2474 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.2474 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