In an application for expeditious disposal of a Section 138 NI Act case, the High Court, noting the limited grievance, directed the trial court to decide the complaint within six months.
The trial court is directed to decide the expeditiously pending case, preferably within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- APPLICATION U/S 482 No. - 18285 of 2020
Applicant :- M/S Swarn Mahal Jwellers Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
By means of this application, the applicant has prayed for expeditious disposal of case being Complaint Case No. 5100 of 2018 (M/s Swarn Mahal vs Vikram Singh), under section138 of Negotiable Instruments Act, police station Nauchandi, district Meerut pending in the court of ACJM-I, Meerut.
Learned AGA states that no useful purpose would be served in issuing notice to opposite party and keeping this application pending before this Court and it may be disposed of at this stage itself.
Considering the limited grievance of the learned counsel for the applicant, learned trial court is directed to make an endeavour to decide the aforesaid case, as expeditiously as possible, preferably within a period of six months from the date a certified copy of this order is produced before it, if there is no legal impediment.
With the aforesaid directions, this application is disposed of.
Order Date :- 10.12.2020 Sazia
2 issues framed by the court
Whether the pending cheque dishonour complaint case should be disposed of expeditiously given the limited grievance.
What direction the High Court should issue to the trial court regarding the timeline for disposal of the complaint case.
2 provisions across 2 enactments
M/S Swarn Mahal Jwellers
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
