Anant Tyagi vs Ashwani Kumar

Pankaj Purohit, J

Heard learned counsel for the applicant.

By means of the present C528 application, applicant has sought the indulgence of this Court for a direction to the learned Additional Chief Judicial

Magistrate, Roorkee, District Haridwar to expedite the proceedings of Complaint Case No.1004 of 2021A nant Tyagi Vs. Ashwani Kumar, for the

offence punishable under Section 138 of the Negotiable Instruments Act, 1881 pending before it within a stipulated time.

It is contended by learned counsel for the applicant that a complaint under Section 138 of the N.I. Act was filed by the applicant on 15.09.2021

alleging therein that a loan amounting to Rs.3,00,000/- was taken by the respondent from the applicant with the assurance to refund money after some

time. When the applicant requested him for the said amount, he gave him a cheque No.813725 dated 10.06.2021 Punjab National Branch, Lehboli,

Haridwar of the said amount. The applicant submitted the said cheque for encashment, but it was returned with remark ‘fund insufficient’.

Learned counsel for the applicant also submitted that the learned Additional CJM, after taking cognizance of the matter, summoned the respondent

vide summoning order dated 04.07.2023. When the respondent did not turn up, bailable warrant was issued against him on 24.05.2024. He further

submits that the pendency of trial since 15.09.2021 violates his Fundamental Right of Speedy disposal under Article 21 of the Constitution of India.

I have heard learned counsel for the applicant and carefully perused the entire documents available on record.

Since, the respondent has not put in appearance in the complaint case so far, it would not be proper to direct for expeditiously hearing of the

Complaint Case No.1004 of 2021 Anant Tyagi Vs. Ashwani Kumar. Accordingly, no interference is needed.

The present C528 application is dismissed in-limine.

Pending application, if any, stands disposed of.