Court issued direction to concerned court below to decide pending Criminal Appeal arising from Section 138 NI Act within one year to prevent irreparable loss to applicant.
Direction to decide Criminal Appeal within one year after giving opportunity to parties and without unnecessary adjournments.
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Court No. - 10
Case :- APPLICATION U/S 482 No. - 5479 of 2021
Applicant :- Dr. V.S. Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- V.K. Baranwal Counsel for Opposite Party :- G.A.
Hon'ble Prakash Padia,J.
This Court is presently working on virtual mode only due to surge in Covid-19 cases.
Heard learned counsel for the applicant and learned AGA for the State.
In view of the order proposed to be passed, notices need not go to the private respondent.
The applicant is before this Court for a direction to Additional District and Session Judge, Ist, Jaunpur to decide the Criminal Appeal No.18 of 2013 (Krishna Kumar Vs. State) arising out of proceeding under Section 138 N.I. Act, P.S. Kotwali, District Jaunpur within stipulated period.
It is argued by learned counsel for the applicant that since the matter is pending consideration before the court below for a long time he is suffering irreparable loss.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the concerned court below to consider and decide the aforesaid appeal in accordance with law positively within a period of one year from the date of submission of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.
Order Date :- 29.6.2021 Pramod Tripathi
1 issue framed by the court
Whether the Additional District and Session Judge, Jaunpur, is directed to decide the pending Criminal Appeal No.18 of 2013 within a stipulated period?
1 provisions across 1 enactments
Dr. V.S. Upadhyay
State of U.P.
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
