RAMA DEVI vs NARESH JOSHI

UKHC010190572026

2026:UHC:9769
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

C528/2351/2026


Rama Devi
--Applicant

Versus
Naresh Joshi
--Respondent

Hon’ble Alok Mahra, J.
Mr. Abhishek Dutt, learned
counsel for the applicant.
2. Present C-528 application has
been filed by the complainant for
direction to the Judicial
Magistrate/Civil Judge (Junior
Division), Jaspur, District Udham
Singh Nagar to decide the Complaint
Case No.12 of 2026 ‘Smt. Rama Devi
Vs. Naresh Joshi’ under Section 138 of
the Negotiable Instruments Act as
expeditiously as possible preferably
within a period of three months or
within time frame stipulated by this
Court.
3. Learned counsel for the applicant
would submit that the applicant is the
complainant in Complaint Case No. 12
of 2026, instituted under Section 138
of the Negotiable Instruments Act,
1881, before the learned Judicial
Magistrate, Jaspur, District Udham
Singh Nagar, against the

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2026:UHC:9769
respondent/accused in respect of
dishonour of alleged cheques, allegedly
issued towards discharge of a legally
enforceable liability.
4. Learned counsel would further
submit that the learned court below
had summoned the
respondent/accused; however, despite
the issuance of summons, the
respondent/accused failed to appear
before the court, pursuant to which
bailable warrants and, subsequently,
non-bailable warrants were issued
against him; that, thereafter, on
12.08.2026, the respondent/accused
surrendered before the court and was
released on bail on the same day.
Learned counsel would contend that,
despite having entered appearance, the
respondent/accused has been seeking
adjournments on one pretext or
another, thereby delaying the
proceedings and preventing the matter
from being taken to its logical
conclusion.
5. It is further contended that the
applicant is being compelled to face
unnecessary delay in the adjudication
of the complaint. Referring to Section
143(3) of the Negotiable Instruments
Act, 1881, learned counsel would
submit that proceedings under Section
138 of the said Act are required to be
conducted expeditiously, with an
endeavour to conclude the trial within

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2026:UHC:9769
six months. Thus, he prays that the
learned court below be directed to
decide the aforesaid complaint
expeditiously, in accordance with law.
6. Having heard learned counsel for
the applicant and upon perusal of the
material available on record, this Court
finds that the grievance raised by the
applicant concerns the expeditious
disposal of the complaint instituted
under Section 138 of the Negotiable
Instruments Act, 1881.
7. A perusal of the record indicates
that the complaint was instituted in the
year 2025 and that the
respondent/accused was summoned
and he is bailed out. Section 143 of the
Negotiable Instruments Act, 1881,
provides for the summary trial of
offences under Section 138 of the said
Act and requires that every such trial
be conducted as expeditiously as
possible, with an endeavour to
conclude it within six months from the
date of filing of the complaint. The
proceedings, therefore, deserve to be
taken forward expeditiously, while
ensuring compliance with the
procedure prescribed by law and
affording the parties due opportunity of
hearing.
8. Accordingly, the learned Judicial
Magistrate/Civil Judge (Junior
Division), Jaspur, District Udham
Singh Nagar, is directed to make every

UKHC010190572026

2026:UHC:9769
endeavour to decide Complaint Case
No. 12 of 2026, under Section 138 of
the Negotiable Instruments Act, 1881,
as expeditiously as possible, preferably
within a period of six months from the
date of production of a certified copy of
this order, in accordance with law.
9. The learned court below shall
endeavour to avoid unnecessary
adjournments and shall take
appropriate steps, in accordance with
law, to secure the presence of the
respondent/accused and proceed with
the matter accordingly. The aforesaid
direction shall not be construed as an
expression of any opinion on the merits
of the complaint.
10. The C-528 application stands
disposed of accordingly.
11. Pending application(s), if any, also
stand disposed of.



(Alok Mahra, J.)
28.10.2026

Mamta
MAMTA
RANI
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449
e430ef900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e
68911ca8b66dd26690a191648ab5d8dd004ef
0, cn=MAMTA RANI
Date: 2026.10.29 15:07:57 +05'30'