The Single Judge directed the Judicial Magistrate, Hathras, to conclude the trial in a cheque dishonour complaint expeditiously by fixing short dates and avoiding unnecessary adjournments.
Direction to the court below to conclude the trial expeditiously within a time-bound period without giving unnecessary adjournments.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 4976 of 2021
Applicant :- Tikatpal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Nikhil Chaturvedi, learned A.G.A. for the State.
By means of this Application, under Section 482 of Cr.P.C., applicant has invoked the inherent jurisdiction of this Court, for a direction to the court below, i.e., Judicial Magistrate, Hathras to conclude the trial in Complaint Case No. 172 of 2016 (Tikatpal Vs. Sumit Kumar) under Section 138 of N.I. Act, P.S. Hathras Junction, District Hathras expeditiously, within a time bound period.
I have perused the record as well as the order-sheet brought on record. From the order-sheet it transpires that the case is being adjourned on one pretext or the other and only the dates are being fixed.
Expeditious disposal of a case is the right of every litigant and it is expected from every court to endeavour to dispose of a case pending before it, as expeditiously as possible, without granting unnecessary adjournment to any of the parties. Therefore, the court below is directed to make all possible efforts to decide the aforesaid case expeditiously fixing short dates, without giving unnecessary adjournment to either of the parties provided that there is no legal impediment.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 12.3.2021 S.S.
1 issue framed by the court
Whether to direct the court below to conclude the trial under Section 138 N.I. Act expeditiously without unnecessary adjournments.
1 provisions across 1 enactments
Tikatpal Singh
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
