Disposed

Pawan Kumar v. State of U.P. and Another

Allahabad HC17 Jun 2020A482/10758/2020

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the court directed the Additional Chief Judicial Magistrate, Bulandshahar, to dispose of a pending cheque rebound case filed in 2013 within two months, citing delays beyond the six-month statutory limit under the Negotiable Instruments Act.

What did the court decide?

Direction to the Additional Chief Judicial Magistrate, Bulandshahar, to dispose of the pending complaint case within two months.

Pawan Kumar 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. - 10758 of 2020

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Applicant :- Pawan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amir Khan 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 and 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 the Complaint Case No.1457 of 2013, under Section 138 of Negotiable Instruments Act, Police Station Kotwali Dehat, District Bulandshahar, pending in the court of Additional Chief Judicial Magistrate-Ist, Bulandshahar, within stipulated period of 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 Chief Judicial Magistrate-Ist, Bulandshahar since 11.12.2013 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 A.G.A. submits that as per the provision of Section 143 (3) of N.I. Act, court shall make an endeavour to dispose the case filed under the Act 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 shall make an endeavour 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 11.12.2013, more than six years 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 :- 17.6.2020 Anil K. Sharma

Pawan Kumar v. State of U.P. and Another

Case brief

What is this about?

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Pawan Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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