Disposed

Manoj Kumar Pandey v. State of U.P. and Another

Allahabad HC15 Jun 2020A482/10559/2020

Case brief

AI extract

What is this about?

Single-bench High Court order under Section 482 Cr.P.C. directing the trial court to dispose of a pending cheque dishonour case within two months of resuming proper court functioning, citing delays violating Section 143 N.I. Act.

What did the court decide?

Direction to the court concerned to dispose of the matter preferably within two months from the date of proper functioning of the court.

Manoj Kumar Pandey Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 43

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Case :- APPLICATION U/S 482 No. - 10559 of 2020

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Applicant :- Manoj Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinayak Pandey,Sanjay Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed to direct the court below to decide case no.1274 of 2019, u/s 138 N.I. Act, 2005, Police Station Soraon, District Allahabad, Manoj Kumar Pandey vs. Leela Ram Gupta, within a stipulated time as fixed by this Court.

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Learned counsel for the applicant submits that the said case is pending before the court of Additional Court (N.I. Act), Court No.2, Allahabad since 15.10.2019 and as per Section 143 (3) of N.I. Act it should be disposed of within a period of six months from the date of filing of the said complaint.

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Learned AGA submits that as per the provision of Section 143 (3) of N.I. Act, it should have been disposed of within a period of six months from the date of filing of the said complaint.

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In view of the provision of Section 143 (3) of N.I. Act, the court concerned is expected to decide the matter within a period of six months and as per provision of Section 143 (2) of the Act, trial of a case pertaining to the Act so far as practicable be continued from day to day until its conclusion unless the court finds necessary reasons to adjourn the trial beyond the following day. In the instant case, the complaint case was filed on 22.4.2019, more than one year has elapsed from the date of filing of the complaint, therefore, keeping in view the provision of Sections 143 (2) and 143 (3) of the Act, matter of issuing direction to the court concerned is made out and considering the spread of pandemic (COVID-19), court concerned is directed to dispose of the matter, keeping in view the above provision, at the earliest preferably within a period of two months from the date of proper functioning of the court.

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This order shall be communicated to the court below for compliance.

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With the aforesaid direction, the application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 15.6.2020

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m.a.

Manoj Kumar Pandey v. State of U.P. and Another

Case brief

What is this about?

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Manoj Kumar Pandey v. State of U.P. and Another

Case brief

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