In an application under Section 482 Cr.P.C., the applicant sought a directive for the trial court to decide a pending cheque dishonour case expeditiously without unnecessary adjournments, citing Section 143(3).
Directive to decide the pending cheque dishonour case expeditiously within three months without unnecessary adjournments.
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Court No. - 75
Case :- APPLICATION U/S 482 No. - 41780 of 2019
Applicant :- Balraj Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Chandra Dubey 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 A.C.J., Court No. 6, Bareilly to decide Case No. 193 of 2019 (Old No. 9456 of 2003), Balraj Sharma Vs. Awadhesh Kumar Gupta, under Section 138 of Negotiable Instruments Act, P.S. Izzat Nagar, District- Bareilly expeditiously within stipulated period.
Learned counsel for the applicant has submitted that the present proceeding has been pending since 2003 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, the A.C.J., Court No. 6, Bareilly is expected to make all endeavours to decide the aforesaid case expeditiously, preferably within a period of three 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 :- 22.11.2019 KU
3 issues framed by the court
Whether the High Court should direct the trial court to decide a pending cheque dishonour case expeditiously.
Whether the High Court should direct the trial court to decide a pending cheque dishonour case within stipulated period.
Whether the High Court should direct the trial court to decide a pending cheque dishonour case without unnecessary adjournments.
Balraj Sharma
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
