In an application under Section 482 Cr.P.C., the High Court directed the lower court to expedite the trial of a cheque bounce case pending since 2017, ordering completion within six months of the order's production.
Direction to the trial court to expedite proceedings within six months from the date of production of this order's certified copy.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 23811 of 2022
Applicant :- Mohan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for petitioner who has filed supplementary affidavit today in court which is taken on record, as well as learned Additional Government Advocate for State.
Notice to respondent No.2 is dispensed with.
The present 482 Cr.P.C. petition has been filed for a direction to the court below to expedite Case No. 2769 of 2020 Mohan versus Ram Pujan under section 138 Negotiable Instrument Act, pending in the court of Civil Judge (J.D.)/FTC, Mirzapur.
Learned counsel for the petitioner submits that the applicant is complainant in Complaint Case No.2769 of 2020 (Supra). It is submitted that the said case is pending since 6.11.2017 and till date the trial has not been concluded. It is submitted that the proceedings under Section 138 Negotiable Instrument Act are summary in nature. It is next submitted that as per statutory mandate, the trial is liable to be expedited within a period of six months.
In view of the submission(s) made on behalf of the petitioner and perusal of the record, the trial court is directed to expedite the proceedings at an early date, preferably within a period of six months from the date of
production of a certified copy of this order. With the aforesaid direction, this application is disposed of.
Order Date :- 29.9.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.29 16:52:48 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the trial court must expedite proceedings under Section 138 of the Negotiable Instrument Act pending for several years.
Whether a direction to expedite trial within six months is warranted under Section 482 Cr.P.C.
2 provisions across 2 enactments
Mohan
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
