Authority: Uttarakhand High Court, Bench of Hon'ble Justice Alok Mahra
Order Date: 15-10-2026
Case Overview
- Applicant Afsar Ali filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking expeditious disposal of Complaint Case No. 128 of 2025, instituted under Section 138 of the Negotiable Instruments Act, 1881, against respondent M/s Vaishnavi Food Products.
- The complaint was lodged on 01-03-2025, and the trial court took cognizance on the same date.
- Respondents have repeatedly failed to appear before the learned trial court despite several dates being fixed, causing undue delay.
- Counsel for the applicant relied on Section 143(3) of the NI Act, which mandates that trials under Section 138 be conducted as expeditiously as possible and preferably concluded within six months from filing.
Final Outcome
- The High Court directed the trial court to expedite the proceedings of the complaint and to make every endeavour to conclude the trial within nine months from the date of production of a certified copy of this order.
- The application (C528) is hereby disposed of.
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