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2022 DIGILAW 455 (UTT)

Dushyant Kumar Agarwal v. State of Uttarakhand

2022-12-22

ALOK KUMAR VERMA

body2022
JUDGMENT Alok Kumar Verma, J. - The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 by the applicant- complainant to direct the Court of Additional Chief Judicial Magistrate/VIIIth Additional Senior Civil Judge, Dehradun to expedite the proceedings of Complaint Case No. 3539 of 2021, 'Dushyant Kumar Agarwal vs. M/s Sharma Associates through its Proprietor Shri Banke Bihari Sharma', under Section 138 of the Negotiable Instruments Act, 1881. 2. Heard Mr. Hemant Singh Mahra, learned counsel for the applicant-complainant. 3. The prayer of the applicant is an innocuous prayer. 4. In Indian Bank Association and Others vs. Union of India and Others, (2014) 5 SCC 590 , the Hon'ble Supreme Court has directed all the Criminal Courts in the country dealing with the cases under Section 138 of the Negotiable Instruments Act, 1881 for speedy and expeditiously disposal of the cases falling under Section 138 of the Negotiable Instruments Act, 1881. 5. Therefore, keeping in mind the directions of the Hon'ble Supreme Court, the Additional Chief Judicial Magistrate/VIIIth Additional Senior Civil Judge, Dehradun is hereby directed to expedite the proceedings of the said Complaint Case No. 3539 of 2021, 'Dushyant Kumar Agarwal vs. M/s Sharma Associates through its Proprietor Shri Banke Bihari Sharma', under Section 138 of the Negotiable Instruments Act, 1881, and to decide the said case as expeditiously as possible without granting any unnecessary adjournment to the either party. 6. The Criminal Miscellaneous Application No. 2295 of 2022, filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of, accordingly.