Disposed

Sanjay Jaiswal v. State of U.P. and Another

Allahabad HC24 Mar 2022A482/30332/2021

Case brief

AI extract

What is this about?

The applicant filed a petition under Section 482 Cr.P.C. seeking speedy disposal of a pending Section 138 N.I. Act complaint filed in 2018. The court noted a four-year delay and directed the Judicial Magistrate to decide the case within three months.

What did the court decide?

Directed the Judicial Magistrate, Gorakhpur to decide Complaint Case No. 2019 of 2020 within three months of the order's service.

Sanjay Jaiswal Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 30332 of 2021

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Applicant :- Sanjay Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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The present petition under Section 482 Cr.P.C. has been preferred by the applicant for expediting the disposal of complaint case No.2019 of 2020, under Section 138 N.I. Act, Police Station Chauri-Chaura, District - Gorakhpur, pending in the court of Judicial Magistrate, Gorakhpur.

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Learned counsel for the applicant has submitted that a complaint was filed in the year 2018 under Section 138 N.I. Act against the Opposite Party No.2 when the cheque given by him was dishonoured by the Bank. It is further Submitted that Opposite Party No.2 though had appeared before the Court below on 7.5.2021 as he has signed the order-sheet, the certified copy of the same has been annexed at Page 29 of the present petition, but till date the matter has not been decided and is still pending. It is further submitted that it is a right of the litigant to get the speedy trial and as Per Section 143(3) of N.I. Act, the matter is to be decided expeditiously as possible, and every endeavor shall be made for disposal of the same within a period of six months from the date of filing of the complaint.

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Learned A.G.A. has not opposed the prayer made by the learned counsel for the applicant for early disposal of the complaint case.

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After hearing the learned counsel for the parties and going through the record and the statutory provisions, wherein it has been provided that the matter is to be decided expeditiously and an endeavor shall be made to conclude the trial within a period of six month from the date of filing of complaint case. It is undisputed fact in the present case that the complaint was filed in the year 2018 and about 4 years have been passed but the trial is still pending.

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The right of speedy trial is facet of Article 21 of the Constitution of India. The concept of speedy trial is to be read in Article 21 of Constitution of India as essential part of fundamental right and when there is specific provision under the statute i.e. Sub-Section (3) of Section 143 of N.I. Act then it

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is duty of the trial court to decide the matter within time as prescribed under the Act.

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As the discussion made hereinabove, the present petition is disposed of with direction to the Judicial Magistrate, Gorakhpur to decide the Complaint Case No. 2019 of 2020 within three months from the date of certified copy of this order is served without granting unncessary adjournment to the parties. If any adjournment is sought, a short date may be fixed in the matter.

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Order Date :- 24.3.2022 S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.03.25 10:13:08 IST Reason: Location: High Court of Judicature at Allahabad

Sanjay Jaiswal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sanjay Jaiswal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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