Uttarakhand High Court
C528/1721/2026 of JUNAID ALAM Vs FIRASAT HUSAIN on 5 August 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures UKHC010138042026 2026:UHC:6923 COURT’S OR JUDGE’S ORDERS C528/1721/2026 Junaid Alam --Applicant Versus Firasat Husain --Respondent Hon'ble Rakesh Thapliyal, J. Mr. Harsh Vardhan
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
UKHC010138042026
2026:UHC:6923
COURT’S OR JUDGE’S ORDERS
C528/1721/2026
Junaid Alam
--Applicant
Versus
Firasat Husain
--Respondent
Hon'ble Rakesh Thapliyal, J.
Mr. Harsh Vardhan Dhanik, learned
counsel for the applicant.
2.
By the instant application, preferred
under Section 528 of BNSS 2023, the
applicant is praying for expeditious disposal of the proceeding of Complaint Case No.811
of 2022, M/s Diamond Crop Science vs.
Firasat Hussain, pending in the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar which is the proceeding initiated under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’).
3.
Learned counsel for the applicant
submits that the complaint under Section 138
of the N.I. Act, was preferred on 31.08.2022,
and
thereafter
the
learned
Judicial
Magistrate, Kashipur, District Udham Singh Nagar took cognizance on the complaint and issued summons. The learned counsel for the applicant further submits that since the date cognizance is taken the respondent-accused is adopting a delaying tactics.
4.
Learned counsel for the applicant
placed reliance to Section 143(3) of the N.I.
Act, which reads as under:-
“143.
Power
of
Court
to
try
cases
summarily.—
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(3) 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. As it appears from Section 143 (3) of the N.I. Act, every trial 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 the complaint, whereas in this case, the complaint was filed in the month of August 2022 and the order-sheet of the said complaint case reveals that on number of dates the case was listed, but for one pretext to another, it has been adjourned and has not been decided as yet, and no attempts are being made for expediting this proceeding. This is certainly against the mandate of Section 143(3) of the N.I. Act. Therefore, I direct the Court concerned to expedite the proceeding of Complaint Case No.811 of 2022, M/s Diamond Crop Science vs. Firasat Hussain, pending in the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar under Section 138 of the N.I. Act, as early as possible preferably within nine months from the date of production of certified copy of this order.
6. In view of the observation and direction, as above, the C-528 petition is disposed of accordingly.
(Rakesh Thapliyal, J.) 05.08.2026 Arti