Writ petition seeking direction to expedite pending proceedings under Section 138 NI Act. Court directed trial court to complete case within nine months citing Section 143(3) CrPC and N.I. Act.
Directed trial court to expedite proceedings within nine months from date of certified copy of 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.
Neutral Citation No. - 2023:AHC-LKO:42184
Court No. - 13
Case :- MATTERS UNDER ARTICLE 227 No. - 3229 of 2023 Petitioner :- Prem Chandra Alias Prem Chandra Vishwakarma Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
Counsel for Petitioner :- Abhishek Yadav Counsel for Respondent :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
Through this petition, the petitioner has prayed for the following relief:-
Issue an order or direction commanding the opposite party No.2 to decide the applications bearing Complaint Case No. 8946/2017 (Prem Chandra Vishwakarma VERSUS Ramesh Chandra) under section 138 of Nigotiable Instrument Act, Police Station- Indira Nagar, District - Lucknow, pending before the Hon'ble Additional Court No.10, Lucknow (Opposite Party No.2) on merits as soon as possible in the interest of justice.
Learned counsel for the petitioner submits that complaint case under Section 138 NI Act was filed in the year 2017. The proceedings under Section 138 NI Act are liable to be completed within a period of six months as provided under Section 143 (3) of Cr.P.C., however, till date the accused has not appeared. In the said case, NBW warrants have also been issued against him.
Learned counsel for the petitioner prays that in the interest of justice, the proceedings may be expedited.
On due consideration to the argument advanced as well as perusal of the record, so also the provisions of 143(3) of N.I. Act, learned trial court is directed to expedite the proceedings of aforesaid case within a period of nine months from the date of production of certified copy of this order.
With the aforesaid observation, the petition is disposed of.
Order Date :- 3.7.2023 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the trial court should be directed to expedite proceedings under Section 138 NI Act pending for an extended period.
2 provisions across 2 enactments
Prem Chandra Alias Prem Chandra Vishwakarma
State Of U.P. Thru. Prin. Secy. Home, Lko.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
