Application under Section 482 Cr.P.C. directed the court below to decide the cheque-dishonour complaint case expeditiously, preferably within three months, based on provisions under Section 309 Cr.P.C.
Direction to the court below to decide the case within three months strictly in accordance with Section 309 Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- APPLICATION U/S 482 No. - 21135 of 2019
Applicant :- Yagyadatta Sharma Opposite Party :- State Of Up And Another Counsel for Applicant :- Vikas Srivastava,Rahul Kumar 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.
By way of the instant application, the applicant has prayed for a direction to the court below to decide the Complaint Case No.40 of 2018, under Section 138 N.I. Act, P.S. Hathras Kotwali, district Hathras, expeditiously.
Learned counsel for the applicant submits that proceedings were initiated in the year 2018, but the same has not yet been completed.
I have considered the submissions advanced by learned counsel for the applicant and perused the record.
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, if possible within a period of three months from the date of production of certified copy of this order strictly in accordance with Section 309 Cr.P.C.
In view of above, this application is disposed of.
Order Date :- 28.5.2019 Raj
2 issues framed by the court
Whether the Court No. - 64 can direct the lower court to decide a cheque-dishonour case expeditiously.
Whether the delay in deciding Complaint Case No. - 40 of 2018 under Section 138 N.I. Act warrants intervention.
3 provisions across 2 enactments
Yagyadatta Sharma
State Of Up
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
