Afsar Ali vs Vaishnavi Food: Trial Expedited

Authority: Uttarakhand High Court, Hon'ble Alok Mahra, J.

Order Date: 15-10-2026

Applicant: Afsar Ali, filing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking expeditious disposal of Complaint Case No. 126 of 2025.
Respondents: M/s Vaishnavi Food Products and Others.
Underlying dispute: Complaint under Section 138 of the Negotiable Instruments Act, 1881, filed on 01‑03‑2025 alleging a cheque bounce.
The complaint was taken up by the Judicial Magistrate, Bazpur, Udham Singh Nagar, on the same date.
Respondents repeatedly failed to appear despite several dates being fixed, causing adjournments and 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 concluded within six months of filing.

The High Court directed the trial court to expedite the proceedings of Complaint Case No. 126 of 2025 and to make every endeavour to conclude the trial preferably within nine months from the date of production of a certified copy of this order.
Subject to these observations and directions, the application C528/2272/2026 is disposed of.

Topics: Court Proceedings, Negotiable Instruments