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2015 DIGILAW 134 (UTT)

SURESH CHAND v. DEVPAL

2015-03-11

U.C.DHYANI

body2015
JUDGMENT U.C. Dhyani, J.(Oral) The applicant, by means of present application under Section 482 of Cr.P.C., seeks a direction to the trial court to decide the complaint case no. 183 of 2014 (old no. 244 of 2011), Suresh Chand vs Devpal, pending in the court of Judicial Magistrate, Haridwar at an early date. 2.A criminal complaint case was filed by the complainant (applicant herein) against the accused (respondent herein) in the court of Judicial Magistrate, Haridwar for the offence punishable under Section 138 of the Negotiable Instruments Act, in the year 2011. A perusal of the ordersheet of the trial court indicates that it took a long time to the accused to appear before the court concerned that too after non-bailable warrant was issued against him. He appeared in the court below on 17.09.2014. It is the submission of learned counsel for the applicant that the trial of the said criminal complaint case is going on at a snail’s pace and, therefore, the same needs to be expedited. 3. Speedy justice is one of the fundamental rights of any person, much less the complainant and, therefore, the complainant has every right to say that his complaint under Section 138 of the Negotiable Instruments Act be decided at an early date. 4.The Court does not feel it necessary to issue notice to the respondent in view of sub-section (3) of Section 143 of the Negotiable Instruments Act, which enjoins upon the court that every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint. 5.Present application under Section 482 of Cr.P.C. is disposed of by just reminding learned trial court of its obligation to decide the case at an early date in terms of sub-section (3) of Section 143 of the Negotiable Instruments Act, 1881. A request is, accordingly, made to the trial court to make an endeavour to decide the criminal complaint case 183 of 2014 (old no. 244 of 2011), Suresh Chand vs Devpal, as expeditiously as possible.