This application under Section 482 Cr.P.C. sought expedited trial of a cheque bounce case between divorce parties. The court directed the trial court to decide the matter expeditiously without expressing an opinion on the merits.
This application is finally disposed of with a direction to the court concerned to decide the case expeditiously.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 35070 of 2018
Applicant :- Noorjahan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prem Shankar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application under Section-482 has been filed by the applicant with a prayer to expedite the trial in Case No.3461 of 2017 (Noorjahan versus Junaid Khan), under Section-138 Negotiable Instrument Act, 1981, pending before the court of Chief Judicial Magistrate, Chandauli.
It has been claimed that the applicant has been divorced by opposite party no.2 and the matter is between husband and wife under Section-138 Negotiable Instrument Act, 1981 and therefore, no useful purpose will be served if the proceeding of this case are kept pending.
Learned AGA has conceded to the argument of learned counsel for the applicant and submitted that under Section 309 Cr.P.C., it is the bounden duty of the trial court to ensure expeditious disposal of the cases without incurring unnecessary delay.
Considered above submission and considered the entirety of the matter.
Without expressing any opinion on the merits of the case, this application is finally disposed off with a direction to the court concerned to decide the aforesaid case expeditiously from the date of production of certified copy of this order strictly in accordance with law.
In view of above, this application is finally disposed of .
Order Date :- 3.10.2018 S Rawat
1 issue framed by the court
Whether the trial court is bound to expedite the summary trial under Section 138 NI Act in a matrimonial dispute involving delay.
3 provisions across 2 enactments
Noorjahan
State Of U.P.
Junaid Khan
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
