Disposed
Ram Mohan v. State of U.P. and Another
Allahabad HCA482/41361/2019
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Case :- APPLICATION U/S 482 No. - 41361 of…
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Case :- APPLICATION U/S 482 No. - 41361 of…
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Court No. - 75
Case :- APPLICATION U/S 482 No. - 41361 of 2019
Applicant :- Ram Mohan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahipal Singh,Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and the learned AGA.
The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned Addtional Chief Judicial Metropolitan Magistrate-Ist, Kanpur Nagar to decide Complaint Case No.54766 of 2017 (Ram Mohan Vs. Sanjay Kumar Agarwal), under Section 138 of N.I. Act, P.S. Chakeri, District Kanpur Nagar expeditiously within stipulated period.
Learned counsel for the applicant has submitted that the present proceeding has been pending since 07.09.2017 and has been lingering-on, on one pretext or the other.
In view of the provision of Section 143 (3) of the Negotiable Instruments Act, court below is expected to make all endeavours to decide the aforesaid complaint case expeditiously, preferably within a period of six months from the date of filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and there is no other legal impediment in deciding the aforesaid case.
With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 18.11.2019 Zafar
1 issue framed by the court
Whether the applicant is entitled to a direction for expedited disposal of the pending complaint under Section 138 of the Negotiable Instruments Act.
Ram Mohan
State of U.P.
Another
Rajiv Gupta
As recorded by the court registry
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