Uttarakhand High Court
C528/1343/2026 of NITIN JAIN Vs LAND DIVINE DEVELOPER PVT LTD on 18 June 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 No.1343 of 2026 Nitin Jain --Applicant Versus Land Divine Developer Pvt. Ltd. & Another --Respondents Hon'ble Rakesh Thapliyal,
UKHC010104482026
2026:UHC:5050
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
C528 No.1343 of 2026
Nitin Jain
--Applicant
Versus
Land Divine Developer
Pvt. Ltd. & Another
--Respondents
Hon'ble Rakesh Thapliyal, J.
Mr. Shivam Rana, learned counsel
for the petitioner.
By the instant petition, preferred
under Section 528 of BNSS, 2023, the
applicant is praying for expeditious
disposal of the proceeding of Complaint
Case No.1229 of 2024, Nitin Jain vs.
Land Divine Developer Pvt. Ltd. &
Others, pending in the court of Judicial Magistrate (III), Haridwar, which is the proceeding initiated under Section 138
of the Negotiable Instruments Act, 1881
(hereinafter referred to as the ‘N.I. Act’).
4.
Learned counsel for the applicant
submits
that
the
complaint
under
Section 138 of the N.I. Act, was preferred on 12.06.2024,
and
thereafter
the
learned Judicial Magistrate, Rudrapur
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.
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.-
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(1) …
(2) ….
(3) Every trial under this section shall UKHC010104482026
2026:UHC:5050
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 month of June 2024 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.5520 of 2022, M/s Purohit Enterprises vs. M/s Kumud Enterprises & another, under Section 138 of the N.I. Act, 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 six 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.) 18.06.2026 Arti