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2011 DIGILAW 393 (UTT)

Sunil Kumar Virendra Kumar Timber Merchants Pvt. Ltd. v. Amber Hussain

2011-06-30

PRAFULLA C.PANT

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Hon’ble Prafulla C. Pant, J. 1. Heard. 2. By means of this petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioner has sought writ in the nature of mandamus directing the trial court to decide the Criminal Complaint Case No. 3381 of 2009; Sunil Kumar Vs. Amber Hussain, relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881, pending in the court of Addl. Chief Judicial Magistrate, Haldwani, expeditiously. 3. The prayer made in the petition is innocuous. The criminal complaint case is pending since 2004. Sub-section (3) of Section 143 of the Negotiable Instruments Act, 1881, provides that the trial shall be conducted as expeditiously as possible, and an endeavour shall be made to conclude the trial within six months. 4. Therefore, this petition under Article 226 read with Article 227 of the Constitution of India, is disposed of with the direction to the trial court to decide the aforesaid criminal complaint case as expeditiously as possible, keeping in mind the spirit contained in sub-Section (3) of Section 143 of the Act. (Stay Application No. 6397 of 2011 also stands disposed of).