Disposed

Dharam Veer Singh v. State of U.P. and Another

Allahabad HC22 Aug 2019A482/11489/2009

Case brief

AI extract

What is this about?

The court disposed of a criminal miscellaneous application filed under Section 482 Cr.P.C. to quash proceedings under Section 138 of the Negotiable Instruments Act. The court directed the trial court to decide the case expeditiously within six months without unnecessary adjournments while staying coercive action against the applicant.

What did the court decide?

Direction to the trial court to decide the complaint case and summoning order within six months without unnecessary adjournments; coaching action stayed.

Dharam Veer Singh Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 11489 of 2009

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Applicant :- Dharam Veer Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahipal Singh,Amit Srivastava Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I for the State-respondent.

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This Criminal Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings of Complaint Case No.2075 of 2008, under Section 138 of N.I. Act, Police Station Chandpur, District Bijnor, pending before learned Additional Chief Judicial Magistrate/Civil Judge (Junior Division) Court No.2, Bijnor as well as the summoning order dated 5.7.2008.

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Learned counsel for the opposite party no.2 and learned A.G.A. for the State-respondent have justified the order impugned and submitted that the order impugned does not suffers from any illegality or infirmity which may warrant any interference by this Court.

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Considering the facts and circumstances of the case and submissions as advanced by he counsel for the parties, the present 482 Cr.P.C. application is disposed of with the direction to learned Additional Chief Judicial Magistrate/Civil Judge (Junior Division) Court No.2, Bijnor to consider and decide the Complaint Case No.2075 of 2008, under Section 138 of N.I. Act, Police Station Chandpur, District Bijnor as well as the summoning order dated 5.7.2008 pending in the court of learned Additional Chief Judicial Magistrate/Civil Judge (Junior Division) Court No.2, Bijnor, as expeditiously as possible in accordance with law, preferably within a period of six months from the date of production of a certified copy of this order, after hearing the concerned parties without granting unnecessary adjournment to either of the parties, in case the proceedings of the aforesaid case is not stayed by any Court.

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However, it is provided that till the disposal/conclusion of aforesaid no coercive action shall be taken against the applicant.

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In view of the above, this 482 Cr.P.C. application stands disposed off.

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Order Date :- 22.8.2019 Dev/-

Dharam Veer Singh v. State of U.P. and Another

Case brief

What is this about?

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Dharam Veer Singh v. State of U.P. and Another

Case brief

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