Application u/s 482 CrPC filed to direct the Trial Court to expedite decision on a cheque dishonour case under Section 138 N.I. Act pending for over 2 years, citing need for expeditious trial under Section 143(3).
Application disposed directing the Trial Court to decide complaint case expeditiously.
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Court No. - 75
Case :- APPLICATION U/S 482 No. - 47566 of 2019
Applicant :- Mrs. Rachna Agrawal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurav Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and the learned AGA.
The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned Addl. Court No. 1, Agra to decide Complaint Case No. 5885 of 2017 (Rachna Vs. Adarsh Singh), under Section 138 of N.I. Act, P.S. Hariparwat, District- Agra expeditiously within stipulated period.
Learned counsel for the applicant has submitted that the present proceeding has been pending since 8.12.2017 and has been lingering-on, on one pretext or the other.
In view of the provision of Section 143 (3) of the Negotiable Instruments Act, the Addl. Court No. 1, Agra is expected to make all endeavours to decide the aforesaid case expeditiously, preferably within a period of four months from the date of filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and there is no other legal impediment in deciding the aforesaid case.
With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 2.1.2020 KU
2 issues framed by the court
Whether the Addl. Court No. 1, Agra is directed to expeditiously decide the filing under Section 138 of N.I. Act pending case.
Whether the High Court should direct the Trial Court to avoid unnecessary adjournments in deciding the matter within stipulated period.
3 provisions across 2 enactments
Mrs. Rachna Agrawal
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
