Single judge order granting direction to trial court to expedite hearing of complaint case under section 138 NI Act and conclude within three months.
Directive to trial court to decide the complaint case within three months.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 7151 of 2021
Applicant :- Naresh Kumar Oberai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Sagar Verma,Madan Mohan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to expedite Complaint Case No.4968 of 2017 (Naresh Kumar Oberai Versus Farhan Kuraishi) under Section 138 of Negotiable Instrument Act,Police Station Sikandra, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Agra and a direction be issued to the court concerned to decide the same as expeditiously as possible.
It is stated by learned counsel for the applicant that the applicant is complainant in the aforesaid case which is pending since 2017. It is further stated that earlier also the applicant has preferred Criminal Misc.Application No.7979 of 2018 for disposal of the complaint case at the earliest possible and the said application was disposed of vide order dated 13.03.2018 with the direction to the trial court to conclude the proceeding of the case at the earliest but still the proceeding is pending there.
Perusal of the order-sheet dated 21.01.2021 of trial court reveals that cross-examination of PW1 has been completed and the complainant has closed his evidence. The matter is fixed for defence evidence.
Under the aforesaid facts and circumstances of the case, the trial judge is directed to expedite the proceeding of aforesaid complaint case and conclude it within three months from the date of receipt of a copy of this order which shall be served by the applicant within fifteen days' from today.
In view of above observation, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 3.9.2021 MN/-
1 issue framed by the court
Whether the trial court should be directed to expedite the proceedings of the case under-section 138 of the Negotiable Instruments Act.
2 provisions across 2 enactments
Naresh Kumar Oberai
State of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
