Disposed

Bhupender Kumar Chaturvedi v. State of U.P. and Another

Allahabad HC29 Jul 2021A482/5967/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the court observed that the trial in a cheating case under Section 138 of the Negotiable Instruments Act must be concluded expeditiously without unnecessary adjournments, as no objection was raised by the State.

What did the court decide?

Observation directed the lower court to conclude the trial expeditiously without unnecessary adjournments.

Bhupender Kumar Chaturvedi Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 84 Case :- APPLICATION U/S 482 No. - 5967 of 2021 Applicant :- Bhupender Kumar Chaturvedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Yadav,Km Preete Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Km. Preete, learned counsel for the applicant and Ms. Rachna Tiwari, learned AGA for the State-Opposite Party.

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The present application under Section 482 Cr.P.C. has been filed seeking to direct the learned Additional Court no.1, Gautam Budh Nagar to conclude the trial expeditiously in complaint case no. 2148 of 2017 (Bhupender Kumar Chaturvedi Vs. Vaibhav Mishra), Police Station-Noida Sector 20, District Gautam Budh Nagar, U/s138 N.I. Act.

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Learned counsel for the applicant has referred to the order sheet of the case, a copy whereof has been appended along with affidavit filed in support of the application to contend that although the case is at the stage of arguments and several dates have been fixed but for some reason or the other the matter has been adjourned and the delay in conclusion of the proceedings 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 proceedings are required 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 endeavor 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 :- 29.7.2021 Kirti

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(Dr. Y.K. Srivastava, J)

Bhupender Kumar Chaturvedi v. State of U.P. and Another

Case brief

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Bhupender Kumar Chaturvedi v. State of U.P. and Another

Case brief

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What did the court decide?

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