In this application under Section 482 CrPC, the Single Judge relied on Supreme Court principles regarding delay in Section 138 proceedings to direct the applicant to seek expeditious disposal from the trial court within two weeks.
Applicant directed to approach the trial court for expeditious disposal within two weeks.
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Court No. - 5
Case :- APPLICATION U/S 482 No. - 19820 of 2018
Applicant :- Mohammad Rashid Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Madan Mohan,Prem Sagar Verma Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and the learned AGA.
The only submission advanced on this application is for expedition of Complaint Case No. 3814 of 2016 (Mohammad Rashid Vs. Rahimuddin @ Shanu) under Section 138 of the Negotiable Instrument Act, P.S.-M..M. Gate, District-Agra pending before the Additional Chief Judicial Magistrate-I, Agra. Bearing in mind the fact that these proceedings appear to have been pending right from 2016 and the principles enunciated by the Supreme Court in M/s. Meters & Instruments P Ltd and another Vs. Kanchan Mehta [2018 (1) SCC 560], this petition shall stand disposed of with a direction to the applicant to approach the concerned Court by way of an application seeking expeditious disposal and conclusion of the proceedings. In case the applicants files such an application within a period of two weeks from today, the Court concerned shall proceed in the matter with expedition and endeavour to conclude the proceedings bearing in mind the principles and directions issued by the Supreme Court in M/s. Meters & Instruments Pvt. Ltd.
Order Date :- 1.6.2018 nethra
1 issue framed by the court
Whether to grant directions for expeditious disposal of a pending Section 138 complaint pending for a long period.
Colour shows how this judgement treated each authority
M/s. Meters & Instruments P Ltd and another Vs. Kanchan MehtaRelied on¶7
M/s. Meters & Instruments P Ltd and another Vs. Kanchan Mehta [2018 (1) SCC 560] · Who else cites this
2 provisions across 2 enactments
Mohammad Rashid
State Of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
