Uttarakhand High Court
C528/1636/2026 of JANTA MEDICAL STORE Vs STATE OF UTTARAKHAND on 29 July 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1636/2026 Janta Medical Store --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Ms. Shumayla
UKHC010132062026
2026:UHC:6548
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
C528/1636/2026
Janta Medical Store
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Ms. Shumayla Zafri, learned counsel for the applicant.
2. By the instant application, preferred under Section 528 of BNS, 2023 the applicant is praying for expeditious disposal of Complaint Case No. 882 of 2025 (Janta Medical Store Vs. Shekhar and others) 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 Complaint Case No. 882 of 2025 (Janta Medical Store Vs. Shekhar and others) under Section 138 of the NI Act against respondents no. 2 and 3 on 30.06.2025 and learned trial court took cognizance on 08.09.2025 and despite service, respondents did not appear before the trial court, therefore, the trial court issued non bailable warrants, even then, they did not appear before the trial court though several dates have already been fixed before the trial court and they are deliberately avoiding their presence.
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 respondents are adopting delay tactics.
5. Learned counsel for the applicant placed reliance on Section 143(3) of the N.I. Act, which reads as under:- UKHC010132062026
2026:UHC:6548 “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 Complaint Case No. 882 of 2025 (Janta Medical Store Vs. Shekhar and others) 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 the above, the present C528 petition is disposed of.
(Rakesh Thapliyal, J.) 29.07.2026 SKS