Writ applicant sought expedited disposal of a pending cheque dishonour case under Section 138 of N.I. Act. Court directed the magistrate to dispose of the matter within two months of proper functioning.
Direction issued to the court concerned to dispose of the complaint case within two months from the date of proper functioning of the court.
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Court No. - 43 Case :- APPLICATION U/S 482 No. - 11300 of 2020
Applicant :- Pawan Kumar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ankit Agarval 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 learned Magistrate to decide the Complaint Case No.61 of 2014, under Section 138 of the Negotiable Instruments Act, 1881 (Pawan Kumar vs. Pradeep Kumar Sharma), Police Station Kotwali Dehat, District Bulandshahr, expeditiously within a stipulated period.
Learned counsel for the applicant submits that the said case is pending before the court of Additional Chief Judicial Magistrate Court No.1, Bulandshahr since 13.8.2019 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 ten months have 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 19.4.2019, 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 :- 19.6.2020/Jitendra
1 issue framed by the court
Whether the applicant is entitled to a direction expediting the trial of a Section 138 case pending beyond the statutory period.
4 provisions across 2 enactments
Pawan Kumar
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
