Uttarakhand High Court
C528/1519/2026 of KAMLA MEHRA Vs STATE OF UTTARAKHAND on 16 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 C528/1519/2026 Kamla Mehra --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Deepak Chandra and
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
C528/1519/2026
Kamla Mehra
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
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1. Mr. Deepak Chandra and Mr. Lalit Goswami, learned counsel for the applicant.
2. Mr. Tumul Nainwal, learned A.G.A. for the State.
3. The instant petition has been moved by the applicant Kamla Mehra challenging the proceeding of complaint case no. 2012 of 2020, Sanjay Pargain vs. Kamla Mehra, which is a proceeding under Section 138 of the Negotiable Instruments Act pending in the court of 2nd Judicial Magistrate, Nainital.
4. It has been apprised to this Court that earlier for the same cause of action the applicant preferred a petition, i.e. C482 No. 1843 of 2023 and the proceedings were stayed but subsequently the petition was dismissed as infructuous by the Coordinate Bench on 11.06.2026.
5. Now the instant petition has been filed for the same cause of action by the present applicant against the order dated 04.07.2023 whereby the application moved for sending the cheque in question to handwriting expert for examination was rejected. It appears from the record that the proceeding of complaint case is pending for last more than six years and it appears that the instant petition has been filed only for delaying to expedite the proceeding.
6. 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 but surprisingly in the present case the proceeding is pending since 2020, therefore, taking into consideration that the present proceeding is pending since 2020 no interference is warranted at this stage and the applicant is free to take all defence plea before the Trial Court.
7. In such view of the matter, the instant C528 petition is dismissed being devoid of merit, however, dismissal of this petition will not prejudice the right of the present applicant for taking all defence plea before the trial court and if such plea is taken by the applicant the Trial Court deal with all the pleas and proceed with the trial in accordance with the law and while expediting the proceeding the Trial Court should keep in mind the mandate of Section 143 of the N.I. Act.
(Rakesh Thapliyal, J.)
16-07-2026 Parul