Uttarakhand High Court
C528/1710/2026 of SHOBHIT AGRAWAL Vs KAMAL RASTOGI on 5 August 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1710/2026 Shobhit Agrawal --Applicant Versus Kamal Rastogi --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Yogesh Upadhyay,
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Date
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reports, orders
or proceedings
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and Registrar’s
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C528/1710/2026
Shobhit Agrawal
--Applicant
Versus
Kamal Rastogi
--Respondent
Hon’ble Rakesh Thapliyal, J.
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1. Mr. Yogesh Upadhyay, 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 Criminal Case No. 1271 of 2025 ‘Shobhit Agarwal vs. Kamal Rastogi under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’) pending in the court of Addl. Chief Judicial Magistrate Kashipur, District Udham Singh Nagar within a stipulated time.
3. Learned counsel for the applicant submits that present applicant filed a Criminal Case No. 1271 of 2025 ‘Shobhit Agarwal vs. Kamal Rastogi under Section 138 of the NI Act against respondent on 03.09.2025 and the respondent was summoned by the court on 15.10.2025 but despite service of summons on four consecutive dates he failed to appear before the court.
4. Learned counsel for the applicant submits that he has initiated the proceeding under Section 138 N.I. Act in the year of 2025, but respondent is not appearing before the court and he is adopting a delay tactics.
5. Learned counsel for the applicant placed reliance on Section 143(3) of the N.I. Act, which reads as under:- “143. Power of Court to try cases summarily.— (1) …
(2) …
(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.”
6. 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 year 2025 and the order-sheet of the said complaint case reveals that on a number of dates the case was listed, but for some reason or the other, 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 Criminal Case No. 1271 of 2025 ‘Shobhit Agarwal vs. Kamal Rastogi under Section 138 of the Negotiable Instruments Act, 1881, as early as possible after taking into consideration the mandate of Section 143 (3) of the N.I. Act and the same be concluded positively within a period of nine months from the date of production of certified copy of this order.
7. In view of this, the present C-528 petition is disposed of.
(Rakesh Thapliyal, J.) 05.08.2026 PR