ANKIT KUMAR v. MONU ALIAS VIVEK TYAGI
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE RAKESH THAPLIYAL
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2024-12-17. ANKIT KUMAR v. MONU ALIAS VIVEK TYAGI. Read the judgment and case details on LawSphereX.
Judgment text
2024:UHC:9613 COURT’S OR JUDGES’S ORDERS C528 No. 985 of 2024 Sr i Ra k e sh Th a p l i y a l , J. 1. Mr. Prince Chauhan, learned counsel for t he applicant . 2. By t he inst ant applicat ion, preferred under Sect ion 528 of B. N. S. S. , 2023, t he applicant is praying for expedit ious disposal of Com pliant Case No. 883 of 2021, “ Ankit Kum ar vs. Monu @Vivek Tyagi” , pending in t he Court of learned Addit ional Civil Judge ( S. D. ) / Addit ional Chief Judicial Magist rat e, Roorkee, Dist rict Haridwar, wherein t he proceeding init iat ed by t he applicant under Sect ion 138 of Negot iable I nst rum ent s Act , 1881, is pending for considerat ion. 3. I t is cont ended by learned counsel for t he applicant t hat t he com plaint , under Sect ion 138 of t he N. I . Act , was preferred on 19. 05. 2021, and t he respondent was sum m oned on 15. 07. 2023, but he did not t urn up. This respondent is adopt ing a delay t act ics. 4.
Learned counsel for t he applicant placed reliance on Sect ion 143( 3) of t he N. I . Act , which reads as under: - “ 143. Pow er of Court t o t ry cases sum m arily. — ( 1) … ( 2) … ( 3) Every t rial under t his sect ion shall be conduct ed as expedit iously as possible and an endeav our shall be m ade t o conclude t he t rial wit hin six m ont hs from t he dat e of filing of t he com plaint . ” 5. As it appears from Sect ion 143 ( 3) of t he N. I . Act , every t rial shall be concluded as expedit iously as possible and an endeavour shall be m ade t o conclude t he t rial wit hin six m ont hs from t he dat e of filing of t he com plaint , whereas in t his case, t he com plaint was filed on 19. 05. 2021. Therefore, I direct t he Court concerned t o expedit e t he proceeding of Com pliant Case No. 883 of 2021, “ Ankit Kum ar vs. Monu @Vivek Tyagi” , pending in t he Court of learned Addit ional Civil Judge ( S. D.
) / Addit ional Chief Judicial Magist rat e, Roorkee, Dist rict Haridwar as early as possible aft er t aking int o considerat ion t he m andat e of Sect ion 143( 3) of t he N. I . Act and t he sam e be concluded posit ively wit hin a period of nine m ont hs from t he dat e of product ion of a cert ified copy of t his order. 6. I n view of t his, t he present C- 528 pet it ion is disposed of. 7. Pending applicat ion, if any, also st ands disposed of. ( Ra k e sh Th a p l i y a l , J. ) 1 7 . 1 2 . 2 0 2 4 NI SHANT Digitally signed by NISHANT KUMARDN: c=IN, o=HIGH COURT OF UTTARAKHAND, NISHANT ou=HIGH COURT OF UTTARAKHAND,2. 5. 4. 20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND,serialNumber=7E81318F3B1BE7EAAC9370185F7C9C2 KUMAR 0892BC63A055CFD1961690560487E670C,cn=NISHANT KUMARDate: 2024. 12. 19 17:36:37 +05'30'
Source: High Court of Uttarakhand. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.