SISHA SINGH vs M/S KAYVEE INFRATECH PVT LTD

UKHC010182402026

2026:UHC:9459
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

C528/2223/2026


Sisha Singh
--Applicant

Versus
M/s Kayvee Infratech Pvt Ltd
--Respondent

Hon’ble Alok Mahra, J.
Ms. Mamta Arya, learned counsel
for the applicant.
2. Present C-528 application has
been filed by the complainant for
direction to the Judicial Magistrate,
Bazpur, District Udham Singh Nagar to
decide the Complaint Case No.71 of
2025 ‘Sisha Singh Vs. M/s Kayvee
Infratech Pvt. Ltd. and another’ under
Section 138 of the Negotiable
Instruments Act P.S. Bazpur, District
Udham Singh Nagar as expeditiously as
possible preferably within a period of
two 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. 71
of 2025, instituted under Section 138
of the Negotiable Instruments Act,
1881, before the learned Judicial
Magistrate, Bazpur, District Udham
Singh Nagar, against the

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2026:UHC:9459
respondent/accused in respect of
dishonour of two cheques aggregating
to ₹ 9,00,000/-, allegedly issued
towards discharge of a legally
enforceable liability.
4. Learned counsel would further
submit that the learned court below,
vide order dated 23.03.2026,
summoned the respondent/accused;
however, despite the issuance of
summons and, subsequently, bailable
warrants, the respondent/accused has
not appeared before the court below.
She would submit that the matter was
last listed on 09.10.2026 and that the
proceedings have remained pending
due to the non-appearance of the
respondent/accused.
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 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
six months. Thus, she 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

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2026:UHC:9459
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 on
05.02.2025 and that the
respondent/accused was summoned
vide order dated 23.03.2026. It is
further submitted that, despite the
issuance of bailable warrants, the
respondent/accused has not appeared
before the learned court below. 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, Bazpur, District Udham
Singh Nagar, is directed to make every
endeavour to decide Complaint Case
No. 71 of 2025, under Section 138 of
the Negotiable Instruments Act, 1881,
as expeditiously as possible, preferably

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2026:UHC:9459
within a period of six weeks from the
date of production of a certified copy of
this order, in accordance with law. 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.
9. The C-528 application stands
disposed of accordingly.
10. Pending application(s), if any, also
stand disposed of.

(Alok Mahra, J.)
15.10.2026

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=6a812005bebfcf46f244f3e584af1449e430ef90
0bf09a6d67ebbd642671329b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8
b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI
Date: 2026.10.17 10:57:12 +05'30'