Ravi Raika v. Raipur Forgings And Casting Pvt. Ltd.

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 130 of 2020 Ravi Raika, S/o. Omprakash Raika, Aged About 35 Years, Proprietor : Poonam Wires, R/o. 32/F Light Industrial Area, Bhilai, Thana Jamul Bhilai District Durg Chhattisgarh.

---- Petitioner

Versus

1.

Raipur Forgings and Casting Pvt. Ltd. Plot No. 138 Sector 6, Sirgitti Industrial Area District Bilaspur Chhattisgarh Ozone Plaza 5th Floor, Near Fafadih Chowk, Raipur District Raipur Chhattisgarh. 2.

Vidit Sharma, 3.

Yash Chaturvedi, 4.

Sanjay Choudhary, 5.

Shubhash Sharma, No.2 to 5 all Directors, Raipur Forgings and Casting Pvt. Ltd. Plot No. 138 Sector 6, Sirgitti Industrial Area District Bilaspur Chhattisgarh. Ozone Plaza 5th Floor, Near Fafadih Chowk, Raipur District Raipur Chhattisgarh.

-----Respondents For Petitioner : Mr. Vijay Kumar Sahu, Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board / 02 /20 1.

This petition has not been filed against any order of the Court concerned, however, it is submitted by the counsel for the petitioner that this petition may be disposed off with a direction to the Court concerned for disposal of the case within a time framed.

2.

Complaint case No.7054 of 2015 filed under Section 138 of the Negotiable Instrument Act is pending before the trial Court since

Page No.2 17.08.2015. On perusal of the copy of the order sheets, it appears that frequent adjournments have been given by the trial Court for slightest reason, therefore, almost after about more than 4 and half years, trial in the case has not been concluded. 3.

The learned trial Court has to pay attention to the provisions of Section 143 of the Negotiable Instrument Act, in which there is direction in Sub-section (2) that trial in such case shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion. Further there is direction in Sub-section (3) that such trial shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.

4.

Therefore, on this basis, the learned trial Court is directed to conduct the trial expeditiously and conclude the same preferably within a period of six months from the date of this order is communicated.

5.

Accordingly, the petition is disposed off.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram