This court, upon hearing an application under Section 482 Cr.P.C., directed the Magistrate Court below to expedite and dispose of the pending cheque bounce case within six months after serving a certified copy of the order.
Direction to court below to expedite and dispose of pending case within six months.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 20419 of 2019
Applicant :- Kamlesh Chaurasia Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Kumar Tiwari,Lok Nath Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for a direction to the court below to decide the Case No. 12850 of 2017, (Kamlesh Chaurasia versus Gaurav Tripathi), under Section 138 N.I. Act, P.S. Raipurva, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate-1, Kanpur Nagar, expeditiously.
I have considered the submissions advanced by learned counsel for the applicant and perused the record.
Obviously, the court below is under obligation to expedite the proceeding adhering to the provision of Section 309 Cr.P.C.
In this view of the matter, this application is disposed of with the direction that the court below will expedite and dispose the aforesaid case in accordance with law expeditiously within a period of six months from the date of production of a certified copy of this order before it after affording opportunity of hearing to the parties concerned.
Order Date :- 23.5.2019 S Rawat
1 issue framed by the court
Whether the court below is under obligation to expedite proceedings under Section 309 Cr.P.C.
Kamlesh Chaurasia
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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