Disposed

M/S Devrah Baba Ice and Cold Storage Pvt. Ltd. through Managing Director Manish Kumar Gautam v. State of U.P. and Another

Allahabad HC1 Jun 2018A482/19999/2018

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. directing the Additional Chief Judicial Magistrate, Agra, to decide a pending cheque bounce complaint under Section 138 NI Act within six months to prevent delay and harassment, without addressing the merits of the underlying dispute.

What did the court decide?

Directed the Additional Chief Judicial Magistrate, Court No.3, Agra to decide the complaint case within six months without unnecessary adjournments.

M/S Devrah Baba Ice and Cold Storage Pvt. Ltd. through… — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 55

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Case :- APPLICATION U/S 482 No. - 19999 of 2018

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Applicant :- M/S Devrah Baba Ice And Cold Storage Pvt. Ltd. Through Managing Director Manish Kumar Gautam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The only prayer made by the applicant is that a direction be issued to the learned Additional Chief Judicial Magistrate, Court No.3, Agra to decide the complaint Case No.4763 of 2017 (M/s Devrah Baba Ice and Cold Storage Pvt. Ltd. vs. Raj Kumar Baghel), under Section 138 N.I. Act, Police Station Hariparwat, District Agra within stipulated period.

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The applicant has filed a complaint case No.4763 of 2017 (M/s Devrah Baba Ice and Cold Storage Pvt. Ltd. vs. Raj Kumar Baghel), under Section 138 N.I. Act, Police Station Hariparwat, District Agra against the opposite party no.2 and 3 before the learned Additional Chief Judicial Magistrate, Court No.3, Agra on 23.10.2017 with the contention that in the month of April, 2017, he has given Rs.6 Lacs as credit in good faith to the opposite party no.2 through cash. Thereafter, the opposite party no.2 gave a cheque No.000044 of Bank of Baroda, Branch Sadabad, Hathras of Rs.6 Lacs dated 23.08.2017 which got bounced on 24.08.2017. Thereafter, a legal notice in this regard was sent by the applicant through his counsel on 19.09.2017 which was received on 23.09.2017.

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Learned counsel appearing for the applicant submitted that the court below after considering the entire aspect of the matter and the material evidence available on the record has summoned the opposite party no.2, under Section 138 N.I. Act vide its order dated 24.01.2018. He further submitted that the court below is proceeding with the compliant case in a snail motion due to which it appears that the same is not going to decide in early dates as is evident from the bare perusal of the entire order sheet of the complaint case.

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He further submitted that the applicant is being continuously getting threats by the opposite parties to withdraw the case otherwise to face dire consequences. The applicant is facing

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hardship in attaining the court proceeding on the date fixed since 2014 and is suffering from physical, mental, social and economical harassment.

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Considering the facts of the case, without expressing any opinion on the merits of the applicant's case, this application U/s 482 Cr.P.C. is disposed of with a direction to the learned Additional Chief Judicial Magistrate, Court No.3, Agra to decide the complaint Case No.4763 of 2017 (M/s Devrah Baba Ice and Cold Storage Pvt. Ltd. vs. Raj Kumar Baghel), under Section 138 N.I. Act, Police Station Hariparwat, District Agra in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment.

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Accordingly, the present application is finally disposed of .

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Order Date :- 1.6.2018 Jitendra

M/S Devrah Baba Ice and Cold Storage Pvt. Ltd. through Managing Director Manish Kumar Gautam v. State of U.P. and Another

Case brief

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M/S Devrah Baba Ice and Cold Storage Pvt. Ltd. through Managing Director Manish Kumar Gautam v. State of U.P. and Another

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