CIVIL APPEAL 3724 of 2016 on 29 December 2017

Arguments

C482 No.1789 of 2017

Hon’ble V.K. Bist, J.

Mr. Raj Kumar Singh, Advocate for

the applicant.

Mrs. Mamta Joshi, Brief Holder for the State of Uttarakhand. Heard learned counsel for the applicant.

This C482 petition has been filed by the applicant for direction to the trial court to decide the Complaint Case No.3724 of 2016, V.K. Chaudhary vs. Smt. Shabnam pending in the court of learned ACJM IV[th]Dehradun, expeditiously.

Learned counsel for the applicant submitted that the case was filed by the applicant before the ACJM II[nd ](Jr. Div.), Dehradun under Section 138 Negotiable Instruments Act, 1881. Same was registered on 11.11.2016. Summon was issued to the respondent-Shabnam. She put in appearance and appeared before the court below. He submitted that the case was listed on several occasions but has not been decided. He submitted that the applicant is senior citizen and wants early disposal of his case. He submitted that Section 143 sub section 3 of the Negotiable Instruments Act provides 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.

I have considered the submission of learned counsel for the applicant and have gone the material available on record. Since prayer is innocuous, I dispose of the C482 petition with direction to the concerned ACJM to expedite the hearing of the case and decide the same expeditiously.

Arti

(V.K. Bist, J.) 29.12.2017