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

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

What the court decided

AI extract

Outcome

Direction issued to the court concerned (Additional Court (N.I. Act), Court No.2, Ghaziabad) to dispose of complaint case no.3514 of 2019 at the earliest, preferably within two months from the date of proper functioning of the court, keeping in view Sections 143(2) and 143(3) of the N.I. Act; the order to be communicated to the court below for compliance; the application under Section 482 Cr.P.C. finally disposed of.

Issue for consideration

Whether the court below should be directed to expedite and dispose of complaint case no.3514 of 2019 under Section 138 N.I. Act within a stipulated time, given the six-month disposal mandate of Section 143(3) and pendency of more than a year since filing on 22.4.2019.

Court's answer

In view of Section 143(3) of the N.I. Act, the court concerned is expected to decide the matter within a period of six months, and under Section 143(2) the trial is to be continued from day to day until conclusion so far as practicable.

Ratio / Principle

Since the complaint filed on 22.4.2019 had remained undisposed for more than one year, contrary to the six-month period under Section 143(3), keeping in view Sections 143(2) and 143(3) of the Act a direction to the court concerned was made out.

Key takeaways

Considering the spread of the COVID-19 pandemic, the court concerned is directed to dispose of the matter keeping in view the above provisions, at the earliest preferably within a period of two months from the date of proper functioning of the court.ratio¶9

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. for expedition of trial — Complaint Case No. 3514 of 2019 under Section 138 N.I. Act (Shripal vs. Rajesh Vallabh Mamgai), P.S. Indirapuram, District Ghaziabad, pending since 22.4.2019 before the Additional Court (N.I. Act), Court No.2, Ghaziabad — Section 143(3) N.I. Act enjoins disposal within six months of filing and Section 143(2) requires the trial, so far as practicable, to continue from day to day until conclusion — More than one year had elapsed since filing — Considering the spread of the COVID-19 pandemic, the court concerned directed to dispose of the complaint at the earliest, preferably within two months from the date of proper functioning of the court — Order to be communicated to the court below for compliance — Application finally disposed of (Ali Zamin, J.; Order Date 15.6.2020).

Court No. - 43

Case :- APPLICATION U/S 482 No. - 10576 of 2020

Applicant :- Shripal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

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

This application under Section 482 Cr.P.C. has been filed to direct the court below to expedite complaint case no.3514 of 2019, u/s 138 N.I. Act, 2005, Police Station Indirapuram, District Ghaziabad, Shripal vs. Rajesh Vallabh Mamgai, within a stipulated time as fixed by this Court.

Learned counsel for the applicant submits that the said case is pending before the court of Additional Court (N.I. Act), Court No.2, Ghaziabad since 22.4.2019 and as per Section 143 (3) of the N.I. Act it should be disposed of within a period of six months from the date of filing of the complaint but more than a year has been passed from the date of filing of the complaint, therefore, the same may be expedited within a stipulated time as fixed by this Court.

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.

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.

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

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

Order Date :- 15.6.2020 m.a.