Uttarakhand High Court
C528/1106/2026 of GURJEET KAUR Vs RANJEET SINGH on 9 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 C528/1106/2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Jitendra Chaudhary, learned counsel for the applicant. 2. By the instant application
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Date
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and Registrar’s
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COURT’S OR JUDGE’S ORDERS
C528/1106/2026
Hon'ble Rakesh Thapliyal, J.
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1. Mr. Jitendra Chaudhary, learned counsel for the applicant.
2. By the instant application preferred under Section 528 of BNSS 2023, the present applicant is challenging the proceeding of Criminal Complaint Case No. 536 of 2019, Ranjeet singh Vs. Smt. Gurjeet Kaur, pending in the Court of learned Judicial Magistrate, Jaspur District Udham Singh Nagar.
3. Admittedly, the impugned proceeding is pending since 2019 and it relates to the offence punishable under Section 138 of the N.I. Act. By filing this petition the applicant is adopting delaying tactics to delay the proceedings of Complaint Case No. 536 of 2019.
4. As per the mandate of provisions of N.I. Act, every trial under Section 138 should be expedited within six months. It is very surprising that the trial court proceeding is pending since 2019 and now same is being challenged on the ground that for the similar set of allegation, the FIR was lodged on 26.06.2019, i.e., FIR No. 0277 of 2019 wherein charge sheet has been filed for the offence punishable under Sections 420, 468, 471 and 120b IPC read with Section 12 of Passport Act 1976.
5. It is argued by the learned counsel for the applicant that both the proceedings relate to the similar set of allegations.
6. After gone through with the FIR as well as the cognizance order and the application filed under Section 138 of N.I. Act, both the proceedings are on different footings, therefore, submissions, as advanced by the learned counsel for the applicant that both the proceeding are based on with same set of allegations cannot be accepted. Both the proceedings are completely on different footing, therefore, I do not find any substance in the arguments of the learned counsel for the applicant. Accordingly, the instant C528 application is dismissed.
7. Since the trial court proceeding in respect of the offence punishable under Section 138 of N.I. Act is pending since 2019 and almost 7 years have been passed, and, as such, the Trial Court is directed to proceed the proceeding as early as possible preferably within six months from the date of receipt of certified copy of this order.
8. Registry is directed to send a copy of this order to the concerned Trial Court.
(Rakesh Thapliyal, J.)
09.06.2026 Parul