The High Court directed the trial court to expeditiously dispose of a cheque dishonour case (under Section 138 NI Act) within six months, dispensing with the necessity of issuing a notice to the opposite party.
Directed trial court to decide the complaint case within six months without issuing a notice.
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Court No. - 6
Case :- APPLICATION U/S 482 No. - 18287 of 2020
Applicant :- Savir Hussain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neha Gupta,Ajay Vir Singh 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. 1616 of 2018, (Svir Hussain vs Piyush Gupta), under section 138 of Negotiable Instrument Act, police station Lohamandi, district Agra pending in the court of Additional court No. 2, Agra.
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
1 issue framed by the court
Whether an application for expeditious disposal of a cheque dishonour case under Section 482 CrPC should be granted.
2 provisions across 2 enactments
Savir Hussain
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
