IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 935 of 2011 Ashok Kumar Gupta S/o Shri Hari Shankar Gupta R/o Mohalla Gujratiyan, Nagar Colony Police Station Jaspur District Udham Singh Nagar ………………..Applicant Versus Rajendra Singh S/o Shri Dhyaan Singh R/o Mohalla Chauhanan Tehsil, Jaspur Jasjpur, District Udham Singh Nagar ………….Opposite party Shri Abhishek Verma, Advocate, present 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, the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 2664 of 2009, Rajendra Singh vs. Ashok Kumar Gupta, relating to offence 2 punishable under section 138 of Negotiable Instruments Act, 1881, Police Station Kashipur, pending in the court of Chief Judicial Magistrate, Kashipur. (3) The proceedings are being challenged after almost two years of summoning order passed by the trial court. Sub section (3) of section 143 of Negotiable Instruments Act, 1881, requires that the trial shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months. At this stage of the trial after almost two years, if this court stays the proceedings it would be spirit contained in section 143 of the Act. (4) Learned counsel for the petitioner drew attention of this court to the principle of law laid down in Mani Ram vs. State of Uttaranchal (Uttarakhand) and another 2011(1) N.C.C. Page 219 whereby this court has held that the criminal complaint can not be maintained by presenting the cheque again and serving the notice again on the drawer. It is hereby observed 3 that the petitioner shall be at liberty to take the plea before the trial court if the same is applicable to the facts and circumstances of the case, pending before such court. (5) In the above circumstances, without expressing any opinion as to final merits of the case pending before the trial court, the petition under section 482 of Cr.P.C., is dismissed summarily. (Prafulla C. Pant, J.) Dt.13.10.2011 N.P