Uttarakhand High Court
C528/1687/2026 of VISHAMBAR SINGH Vs STATE OF UTTARAKHAND on 4 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 C528/1687/2026 Vishambar Singh --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Suresh Chandra
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
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COURT’S OR JUDGE’S ORDERS
C528/1687/2026
Vishambar Singh
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
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1. Mr. Suresh Chandra Bhatt, learned counsel for the applicant.
2. Ms. Meenakshi Sharma, learned A.G.A. for the State.
3. By the instant petition, the present applicant is challenging the proceeding of Complaint Case No. 303 of 2021, Dharmendra Kumar vs. Vishambar Singh, pending in the court of learned Judicial Magistrate, Jaspur District Udham Singh Nagar which is a proceeding under Section 138 of N.I. Act in which the process under Section 82 and 83 Cr.P.C. is initiated and the along with N.B.W. was also issued on 11.06.2026.
4. Learned counsel for the applicant submits that at this juncture applicant’s grievance is only confined to the proceeding as initiated under Section 82 and 83 Cr.P.C. as well as N.B.W. issued 11.06.2026 and submits that the applicant is ready to face the proceeding of complaint case no. 303 of 2021.
5. The prayer, as sought, appears to be innocuous. It also reveals from the relief clause that the present applicant is adopting delaying tactics in order to expedite the proceeding. As per the mandate of Section 143 of the N.I. Act every proceeding under Section 138 of N.I. Act has to be expedited within six months from the date of filing of the complaint.
6. Apparently, the applicant is adopting the delaying tactics, however, for substantial justice an opportunity is being given to the applicant to ensure his presence on the next date fixed before the trial court. Till then N.B.W dated 11.06.2026 as well as proceeding under Section 82 and 83 Cr.P.C. shall remain suspended. It is made clear that if the applicant fails to ensure his presence before the trial court on the next date fixed, the NBW issued against him as well as the proceeding under Section 82 and 83 Cr.P.C. will automatically be revived.
7. Subject to the observation and direction as above, the instant C528 application is disposed of finally.
(Rakesh Thapliyal, J.)
04-08-2026 Parul