Allowed

Rameshchandra Agarwal v. State of U.P. and Another

Allahabad HC12 Jul 2022A482/3876/2022

Case brief

AI extract

What is this about?

This is an application under Section 482 Cr.P.C. filed by a 78-year-old applicant to expedite the trial of a pending cheque bounce case. After hearing the parties, the High Court directed the trial court to dispose of the case expeditiously within six months.

What did the court decide?

Direction to the trial court to decide the complaint case strictly in accordance with law and expeditiously within six months.

Rameshchandra Agarwal Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 3876 of 2022

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Applicant :- Rameshchandra Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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Heard learned counsel for applicant, learned A.G.A. for State. This application under Section 482 Cr.P.C. has been filed with a prayer to conclude the trial expeditiously in Complaint Case No. 474/2016 (Rameshchandra Agarwal Vs. Pushpendra Singh), under Section 138 N.I. Act, P.S.- Kotwali Hathras, District-Hathras.

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Opposite party no. 2 has been summoned under Section 138 N.I. Act on 01.12.2016 up till now opposite party no. 2 has not made his presence before trial court. Summon has been issued and no further process. A report has been called from this Court on 19.05.2022 from District Judge, Hathras which is not on record.

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Learned counsel for applicant submitted that applicant is 78 years old person and case is pending last six years.

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Learned A.G.A. has no objection to the prayer for expeditious disposal of the aforesaid case.

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After hearing the learned counsel for the parties and after perusing the material on record, no useful purpose would be served in keeping the petition pending which is finally disposed off with a direction to concerned court to decide the Complaint Case No. 474/2016 (Rameshchandra Agarwal Vs. Pushpendra Singh), under Section 138 N.I. Act, P.S.- Kotwali Hathras, District-Hathras, strictly in accordance with law after hearing the parties expeditiously preferably within six month from the date of production of a certified copy of this order before him.

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With the aforesaid direction, the instant application under Section 482 Cr.P.C. is finally disposed of .

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Order Date :- 12.7.2022 Sharad/-

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Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.07.14 09:36:34 IST Reason: Location: High Court of Judicature at Allahabad

Rameshchandra Agarwal v. State of U.P. and Another

Case brief

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Rameshchandra Agarwal v. State of U.P. and Another

Case brief

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