After Cheque-Dishonour Accused Failed To Appear, Uttarakhand HC Directs Jaspur Court To Aim To Decide Case Within Six Months Of Certified Copy’s Production

The applicant, complainant in Complaint Case No. 12 of 2026 under Section 138 of the Negotiable Instruments Act, 1881, sought a direction for expeditious disposal.

She alleged that after the respondent/accused was summoned, bailable and non-bailable warrants were issued for his non-appearance; he later surrendered and was released on bail, but thereafter sought adjournments, delaying the proceedings

The High Court noted that the complaint was instituted in 2025 and that the respondent had been summoned and was on bail.

Section 143 of the Negotiable Instruments Act, 1881 provides for summary trial of offences under Section 138 and requires that such trials be conducted as expeditiously as possible, with an endeavour to conclude them within six months from the date of filing of the complaint.

Proceedings must nevertheless comply with the prescribed procedure and afford the parties due opportunity of hearing.

In light of the statutory emphasis on expeditious trial and the applicant’s grievance of delay, the Court considered that the complaint should be taken forward promptly.

It directed an endeavour to decide the case within six months from production of a certified copy of its order, while preserving the requirement to follow the law and provide the parties an opportunity to be heard.

It also directed the court below to endeavour to avoid unnecessary adjournments and take lawful steps to secure the accused’s presence.

The direction was not an expression of opinion on the merits of the complaint; any pending applications were also disposed of.