M/S Agra Sales and Marketing Services Pvt. Ltd. v. State of U.P. and 2 Others

Court No. - 64

Case :- APPLICATION U/S 483 No. - 9 of 2019

Applicant :- M/S Agra Sales And Marketing Services Pvt. Ltd. Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

By way of the instant application, the applicant has prayed for a direction to the Additional Court No.1 Agra to conclude and decide the trial in complaint case no. 939 of 2006 M/s Agra Sale & Marketing Vs. Brijesh Kumar Gautam & another under section 138 N.I. Act P.S Hari Parvat district Agra within a period of one month or within the time frame as this Hon'ble court deem fit an proper.

It is submitted by the learned counsel for the applicant that O.P. No. 2 issued cheque for clearance of outstanding amount payable at Central Bank of India in favour of the company. The cheque issued by O.P. No. 2 was returned by the banker for insufficient fund to honour the cheque. When O.P. No.2 did not make payment despite, the company filed a complaint case No. 939 of 2006 in the court of A.C.J.M. Agra. The learned Magistrate passed summoning order on 16.11.2006 under section 138 of N.I. Act against O.P. No. 2.

I have considered the submissions advanced by learned counsel for the applicant and perused the record.