LAWS(UTN)-2008-2-33

BALDEV SINGH Vs. SPECIAL JUDICIAL MAGISTRATE DEHRADUN

Decided On February 22, 2008
BALDEV SINGH Appellant
V/S
SPECIAL JUDICIAL MAGISTRATE DEHRADUN Respondents

JUDGEMENT

(1.) THE only prayer made in this writ petition is to issue a writ of mandamus commanding the respondent no. 1 to decide the complaint case No. 1120 of 2007 Baldev Singh Vs. Somya Tyagi, pending in the Court of Special Judicial Magistrate, Dehradun within a time frame.

(2.) ACCORDING to the petitioner, he filed Complaint Case No. 1120 of 2007, Baldev Singh Vs. Somya Tyagi, under Section 138 of the Negotiable Instruments Act (for short the Act) in the court of respondent no. 1, copy of which has been annexed as Annexure No. 1.

(3.) LEARNED counsel for the petitioner has contended that it is incumbent upon the learned Magistrate to conclude the trial within six months from the date of filing of the complaint as provided under sub-section (3) of Section 143 of the Act. The case is still pending at initial stage. Learned counsel has urged that the ends of justice would be subserved if direction for expeditious disposal is issued to the respondent no. 1.