IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application (C482) No. 290 of 2010 R.K. Sharma S/o Shri Amar Chand Sharma R/o 76/118, Rajpur Road Dehradun, District Dehradun. …………..…Petitioner. Versus 1. Laxmi Associates Wing No. 6, Barrack No. 23/9 Premnagar, Dehradun Through its Partner M.L. Ahuja. 2. Madan Lal Ahuja S/o Late Shri Gulab Chand Ahuja R/o Wing No. 6, Barrack No. 23/9 Premnagar, Dehradun. 3. Smt. Chandrakanta Ahuja W/o Shri Madan Lal Ahuja R/o C/o D.A.V. Inter College Premnagar, Dehradun. ……….Respondent. Shri Pawan Mishra, Advocate, for the petitioner. Hon’ble Prafulla C. Pant, J. Heard. 2. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought direction from this Court for expeditious disposal of criminal complaint case No. 239 of 2010 (old No. 1807 of 1996), R.K. Sharma Vs. Laxmi Associates, relating to offence punishable under Section 138 of 2 Negotiable Instruments Act, 1881, pending in the court of Judicial Magistrate, C.B.I., Dehradun. 3. Learned counsel for the petitioner submitted that earlier also direction was issued by this Court, vide its order dated 29.01.2008, passed in writ petition No. 195 (M/S) of 2008, for expeditious disposal of aforesaid case, but still the case is pending since 1996. 4. From the perusal of the order sheet, it appears that earlier case was pending before another court. It is unfortunate that the trial court has not taken seriously the order dated 29.01.2008, passed by this Court. 5. It is pertinent to mention here that sub- section (2) and sub-section (3) of Section 143 of Negotiable Instruments Act, 1881 (as amended), read as under:- “(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing. (3) Every trial under this section shall be conducted as expeditiously as possible and an 3 endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.” 6. In view of the above provision of law, this petition is summarily disposed of directing the trial court to decide the aforesaid criminal complaint case No. 239 of 2010 (old No. 1807 of 1996) R.K. Sharma Vs. Laxmi Associates, relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881, pending in the court of Judicial Magistrate, C.B.I., Dehradun, as expeditiously as possible, keeping in mind spirit contained in sub-section (2) and sub-section (3) of Section 143 of the Act, quoted above. Registry is directed to send the copy of this order through District Judge, Dehradun to the court concerned. Dt:08.04.2010 Sweta (Prafulla C. Pant, J.) 4