In an application under Section 482 Cr.P.C., the Allahabad High Court directed the Additional Chief Judicial Magistrate to expedite disposal of a cheque dishonour case within six months.
Directed C.M.J. to conclude the case within six months from the date of production of a certified copy of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 88
Case :- APPLICATION U/S 483 No. - 19 of 2022
Applicant :- Rajkumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Kesarwani Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant application under Section 482 Cr.P.C. has been filed with a prayer to issue direction to the court of Additional Chief Judicial Magistrate-17, Allahabad for expeditious disposal of Case No.224 of 2017 (Rajkumar Gupta Vs. Rajesh Kumar Srivastava), under Section 138 of N.I. Act, within a stipulated period of time.
Having heard the submissions advanced by learned counsel for the applicant as well as learned A.G.A., considering the facts and circumstances of the case and the averments made in the application, the court of Additional Chief Judicial Magistrate17, Allahabad is directed to expedite the aforesaid case and conclude the same expeditiously strictly in accordance with law, preferably within a period of six months from the date of production of a certified/computer generated copy of this order, if there is no legal impediment.
With the aforesaid directions, the present application under Section 482 Cr.P.C. application is finally disposed of.
Order Date :- 11.4.2022 Anil K. Sharma
Digitally signed by ANIL KUMAR SHARMA Date: 2022.04.11 14:14:52 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the high court should direct the lower court to expedite the disposal of a Section 138 N.I. Act case.
Whether a time limit should be prescribed for the disposal of the impugned case.
1 provisions across 1 enactments
Rajkumar Gupta
State of U.P.
Mohd. Aslam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
