The High Court rejected an application under Section 482 Cr.P.C. seeking a direction to the trial court to expedite the disposal of a cheque bouncing case. The Court found no grounds to interfere as the trial court was already conducting proceedings expeditiously.
No relief; application under Section 482 Cr.P.C. rejected.
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Court No. - 83
Case :- APPLICATION U/S 482 No. - 25225 of 2021
Applicant :- Vinod Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Kumar Pandey,Mohd Aamir,Mohd Amish Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been moved by applicant to direct the Court below to decide the complaint case no.6594 of 2019, (Vinod Kumar Mishra versus Nikhil Kumar Pandey), under Section 138 N.I. Act, Police Station Naini, District Prayagraj within stipulated period as fixed by this Hon'ble Court.
Only submission made by learned Counsel for the applicant is for early disposal of the aforesaid case. Applicant is complainant in the lower Court. Opposite party no.2 herein wants to linger the proceedings for one and other reasons, therefore, a suitable direction be issued for early disposal of aforesaid case.
Learned AGA has opposed the application and submitted that Court below is trying to decide the matter and issued B.W. against the opposite party no.2.
Perusal of the record shows that Court below is itself trying to decide the matter expeditiously by issuing B.W. against the opposite party no.2.
Section 143(3) of the Negotiable Instruments Act, 1881 provides that every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.
Under the aforesaid circumstances of the case, I do not find any good ground to rope the trial Court
to decide the case within a stipulated period.
In view of above, the application under Section 482 is hereby rejected.
Order Date :- 3.3.2022 I.A.Siddiqui
Digitally signed by IMRAN AHMAD SIDDIQUI Date: 2022.03.16 13:50:28 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application seeking direction for early disposal of a cheque bouncing case should be allowed.
2 provisions across 2 enactments
Vinod Kumar Mishra
State of U.P.
Rajendra Kumar
As recorded by the court registry
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