Application under Section 482 Cr.P.C. seeking direction for expedited trial of a cheque dishonour case. Court directed lower court to decide the matter expeditiously without unnecessary adjournments.
Application disposed with observation that the lower court shall try the case expeditiously without unnecessary adjournments.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 14908 of 2021 Applicant :- Rajesh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Rajesh Kumar Singh, learned counsel for the applicant and Ms. Rachna Tiwari, learned AGA appearing for the State-opposite party no.1.
The present application under Section 482 Cr.P.C. has been filed seeking a direction to the Judicial Magistrate 2nd, Jaunpur to decide the Case No. 156 of 2020 (Rajesh Kumar Singh vs. Amar Nath Sharma), under Section 138 of the Negotiable Instrument Act, 1881, Police Station Line Bazar, District Jaunpur, pending before him within specific period as fixed by this Court.
Learned counsel for the applicant has referred to the order sheet of the case, a copy whereof has been appended along with the affidavit filed in support of the application, to contend that although various dates have been fixed but the matter has been adjourned for some reason or the other and the delay in disposal of the case is causing undue hardship to the applicant.
Attention of the Court has been drawn to the provisions of Section 143 (3) of the Negotiable Instrument Act, 1881 which provides for conclusion of the trial expeditiously.
Learned AGA for the State-opposite party has fairly stated that he has no objection, if the trial is expedited.
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 Judicial Magistrate 2nd, Jaunpur, 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.
Order Date :- 7.9.2021 Imroz
(Dr. Y. K. Srivastava, J.)
2 issues framed by the court
Whether the trial of a case under Section 138 of the Negotiable Instruments Act must be expedited upon application.
Whether the applicant is entitled to a direction for speedy disposal of the pending case.
3 provisions across 2 enactments
Rajesh Kumar Singh
State of U.P.
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
