Disposed

Smt. Shalini Singh v. State of U.P. and 2 Others

Allahabad HC11 Aug 2021A482/13016/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Court directed the Chief Judicial Magistrate, Hathras, to expedite the pending trial of a cheque dishonour complaint under Section 138 NI Act without unnecessary adjournments, recording the State's consent.

What did the court decide?

The court below directed to decide the complaint expeditiously without unnecessary adjournments.

Smt. Shalini Singh Vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 13016 of 2021 Applicant :- Smt. Shalini Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Shri Arvind Kumar Tiwari, learned counsel for the applicant and Ms. Sushma Soni, learned AGA appearing for the State-Opposite Party.

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The present application under Section 482 Cr.P.C. has been filed seeking a direction to the Chief Judicial Magistrate, Hathras to consider and decide the Complaint Case No. 2745 of 2019 (Smt. Shalini Singh Vs. Dr. Praveen and Another) under Section 138 of the Negotiable Instrument Act, Police StationSasni, District Hathras within a stipulated period.

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Counsel for the applicant has referred to the order sheet of the case, a copy whereof has been placed on record along with affidavit filed in support of the application to contend that the matter is pending since the year 2019 and although the case has been listed on a number of occasions but for some reason or the other, the matter has been adjourned and the delay in disposal of the application is causing undue hardship to the applicant.

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Attention of the Court is drawn to the provisions contained under Section 143 (3) of the Negotiable Instruments Act, 1881 to submit that the trial is to be concluded expeditiously.

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Learned A.G.A. for the State-opposite party has fairly stated that he has no objection, if the trial is expedited.

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Having regard to the aforementioned facts and circumstances and without expressing any opinion on the merits of the case, the present application is disposed of with an observation that the court below would make an endeavour to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary adjournments to either of the parties, provided there is no other legal impediment.

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Order Date :- 11.8.2021 Kirti

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(Dr. Y.K. Srivastava, J)

Smt. Shalini Singh v. State of U.P. and 2 Others

Case brief

What is this about?

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Smt. Shalini Singh v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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