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Judgment
Pankaj Purohit, J
Since all these C528 applications relate to the common prayer of directing the Court below to expedite the proceedings, hence these are taken up together and decided by this common judgment.
For the sake of brevity, a chart is prepared here-in-below citing criminal case number against each case: -
Sl.
No.
C528 Application Number
Case Number with details
1.
1867 of 2025
Cri. Complaint Case No.696 of 2022 (C.G. No.1166 of 2022) Anil Pal v. Smt. Rupali Gupta, Court of Judicial Magistrate, Rishikesh, Dehradun
2.
1870 of 2025
Cri. Complaint Case No.420 of 2022 (C.G. No.142 of 2022) Holkar Traders v. Ganpati Enterprises & another, Court of Judicial Magistrate, Doiwala, Distt. Dehradun
3.
1874 of 2025
Cri. Complaint Case No.419 of 2022 (C.G. No.141 of 2022) Holkar Traders v. Ganpati Enterprises & another, Court of Judicial Magistrate, Doiwala, Dehradun
4.
1881 of 2025
Cri. Complaint Case No.105 of 2023 (C.G. No.209 of 2023) Anil Pal v. Rajat Gupta, Court of Judicial Magistrate, Rishikesh, Dehradun
5.
1882 of 2025
Cri. Complaint Case No.1078 of 2019, Anil Pal v. Rajat Gupta, Court of Judicial Magistrate, Doiwala, Dehradun
6.
1883 of 2025
Cri. Complaint Case No.475 of 2022 (C.G. No.176 of 2022) Anil Pal v. Rajat Gupta, Court of Judicial Magistrate, Doiwala, Dehradun
7.
1885 of 2025
Cri. Complaint Case No.1612 of 2019 Anil Pal v. Rajat Gupta, Court of Judicial Magistrate, Doiwala, Dehradun
8.
1884 of 2025
Cri. Complaint Case No.700 of 2022 (C.G. No.1188 of 2022) Anil Pal v. Smt. Rupali Gupta, Court of Judicial Magistrate, Rishikesh, Dehradun
9.
1886 of 2025
Cri. Complaint Case No.695 of 2022 (C.G. No.1165 of 2022) Anil Pal v. Smt. Rupali Gupta, Court of Judicial Magistrate, Rishikesh, Dehradun
10.
1872 of 2025
Cri. Complaint Case No.53 of 2023 (C.G. No.153) Holkar Traders v. Shri Ram Chemical and another, Court of Judicial Magistrate, Rishikesh, Dehradun
11.
1875 of 2025
Cri. Complaint Case No.84 of 2023 (C.G. No.186) Holkar Traders v. Shri Ram Chemical and another, Court of Judicial Magistrate, Rishikesh, Dehradun
12.
1871 of 2025
Cri. Complaint Case No.1611 of 2019 Anil Pal v. Lakshmmi Associates and another, Court of Judicial Magistrate, Doiwala, Dehradun
13.
1873 of 2025
Cri. Complaint Case No.1609 of 2019 Anil Pal v. Lakshmi Associates and another, Court of Judicial Magistrate, Doiwala, Dehradun
In all the afore-mentioned C528 applications, the sum and substance of the prayer is to direct the Court below to expedite the proceedings of the case pending with it for a long time.
It is argued that Section 143(3) of N.I. Act mandates that every trial under Section 138 of N.I. Act shall be concluded as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of complaint. However, record of the applications show that some matters are pending since 2019 i.e. more than six years have gone by but the case is still waiting for its adjudication.
In order to safeguard the mandate given by law u/s 143(3) of the N.I. Act, this Court has no option but to direct the court concerned to expedite the proceedings.
Accordingly, all these C528 applications are allowed. The Courts mentioned in the aforesaid Chart are directed to try and conclude the cases mentioned against their names, as early as possible but not later than one year from the date of production of a certified copy of this order.