The High Court dismissed an application under Section 482 Cr.P.C. by granting a direction to the lower civil court to expedite trial under Section 138 N.I. Act, mandating conclusion within six months.
Direction to Additional Civil Judge, Hathras to expeditiously try Complaint Case No. 1919 of 2020 within six months.
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Court No. - 70
Case :- APPLICATION U/S 482 No. - 10780 of 2022
Applicant :- Bhagwan Singh Contactor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By means of the present application under Section 482 Cr.P.C., the applicant has sought for a suitable direction to the learned Additional Civil Judge (Senior Division), Hathras to expedite the proceedings of Complaint Case No. 1919 of 2020 (Bhagwan Singh Contractor vs. Virendra Kumar Nagar), under Section 138 of Negotiable Instruments Act, P.S. Hathras Gate, District Hathras, pending in the Court of learned Additional Civil Judge (Senior Division), Hathras.
It was submitted by learned counsel for the applicant that applicant is complainant of the above stated case which was instituted on 22.05.2020 but no substantial progress has been made so far, whereas as per provisions of Section 143(3) N.I. Act, the trial of such case has to be conducted expeditiously and endeavour has to be made to conclude the trial within six months.
No useful purpose would be served in keeping the application pending, which is finally disposed of with a direction to Additional Civil Judge (Senior Division), Hathras, to consider and decide Complaint Case No. 1919 of 2020 (Bhagwan Singh Contractor vs. Virendra Kumar Nagar), under Section 138 N.I. Act, PS. Hathras Gate, District Hathras, expeditiously, in accordance with law, preferably within a period of six months from the date of filing of a certified copy of this order before the Court concerned, provided there is no legal impediment.
Order Date :- 12.5.2022 A. Tripathi
Digitally signed by AKHILESH TRIPATHI Date: 2022.05.13 21:06:36 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the trial court under Section 138 N.I. Act shall be directed to expedite the proceedings within six months.
Whether the available record demonstrates substantial delay in the trial initiated under Section 138 N.I. Act.
3 provisions across 2 enactments
Bhagwan Singh Contactor
State of U.P.
Raj Beer Singh, J.
As recorded by the court registry
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