Disposed

Kiran v. State of U.P and Another

Allahabad HC13 Jul 2022A482/11143/2022

Case brief

AI extract

What is this about?

The High Court directed the trial court to conclude the pending proceedings under Section 138 of the Negotiable Instruments Act, filed in 2017, as expeditiously as possible, preferably within six months, in accordance with Section 143(3) of the Act and relevant Supreme Court directions.

What did the court decide?

Direction issued to the trial court to conclude the trial of the complaint under Section 138 N.I. Act expeditiously, preferably within six months.

Kiran Vs State of U.P and Another — Allahabad HC (2022) — LawSathi Research

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 11143 of 2022

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Applicant :- Kiran Opposite Party :- State Of U.P And Another Counsel for Applicant :- Santosh Kumar Dubey,Lavkush Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Lavkush Dixit, learned counsel for the applicant, Sri Jhamman Ram, learned A.G.A. for the State and perused the record of the case.

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By way of present petition, applicant made a prayer to direct the Judicial Magistrate, Garhmukteshwar, Hapur to decide the Complaint Case No. 624 of 2017, under Section 138 N.I. Act, P.S. Bahadurgarh, District Hapur within the stipulated time frame.

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Learned counsel for the applicant submitted that the applicant is complainant in the present matter and he has filed complaint under Section 138 of N.I. Act in the year 2017 but since then the said complaint filed by the applicant is pending. He further submitted that by virtue of Section 143(3) of N.I. Act every trial of Section 138 N.I. Act shall be concluded as expeditiously as possible and trial court shall make every possible endeavour to conclude the same within six months from date of filing of the same and as about 5 years have already been passed, the complaint under Section 138 N.I. Act filed by the applicant is still pending, therefore, it is desirable to direct the trial court to conclude the trial of the complaint filed by the applicant under Section 138 N.I. Act within stipulated time frame.

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Learned A.G.A. has no objection, if such a direction is issued to the trial court for deciding the complaint.

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I have heard both the parties and perused the record of the case.

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The applicant is the complainant of the present case and in the year 2017 he has filed complaint under Section 138 N.I. Act, which is pending. There is a specific provision under Section 143(3) of N.I. Act that the proceedings under Section 138 of N.I. Act should be expedited and trial court shall make all endeavour to conclude the trial within six months from the date of its filing. The Hon. Apex Court In Re: Expeditious Trial Court under Section 138 N.I. Act 1881 reported in AIR 2021 SC 1957 also directed that the trial under Section 138 of the

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N.I. Act should be concluded at the earliest as per the provisions of Section 143 (3) of N.I. Act.

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Therefore, in view of the matter, trial court is directed to conclude the trial of the present case as expeditiously as possible, preferably within six months from the date of production certified copy of the instant order, if there is no legal impediment.

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With the above observation, the present application is disposed of .

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Order Date :- 13.7.2022 CS/-

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Digitally signed by CHANDAN SINGH Date: 2022.07.18 11:10:49 IST Reason: Location: High Court of Judicature at Allahabad

Kiran v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Kiran v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

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