In a writ petition under Article 227, the Allahabad High Court directed the Judicial Magistrate to expedite pending proceedings under Section 138 of the Negotiable Instruments Act, ordering a decision within six months.
Direction to the court below to decide the case under Section 143 of the N.I. Act within 6 months.
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Neutral Citation No. - 2023:AHC:217012
Court No. - 81
Case :- MATTERS UNDER ARTICLE 227 No. - 11181 of 2023
Petitioner :- Nitish Kumar Vaish Respondent :- Vinod Jha Counsel for Petitioner :- Pradeep Kumar Upadhyay
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
By means of present writ petition, the petitioner, who is complainant before the court below, with a prayer to direct the court below i.e. Judicial Magistrate-III, Gautam Budh Nagar to hear and decide the Case No. 249 of 2012 (Nitish Kumar vs. Vinod Jha), under Section 138 of N.I. Act, P.S. Sector 39, Noida, District Gautam Budh Nagar, pending before learned Judicial Magistrate-III, Gautam Budh Nagar expeditiously within a stipulated time.
Learned counsel for the petitioners submitted that the petitioner is complainant in above case, which was registered on 10.5.2012 and the accused was summoned on 4.8.2012. He was arrested and presented before the court on 16.6.2014. The statement of accused was recorded on 4.9.2014 and evidence began on 29.10.2014, however, accused absconded thereafter. He again appeared before the Court on 1.5.2018 and was enlarged on fresh bail and case was again fixed for recording the statement under Section 251 Cr.P.C. The case is still pending at the stage of evidence. At present N.B.W. has been issued against the accused and his sureties.
On perusal of order sheet, it appears that the proceedings are not properly mentioned in the ordersheet.
Considering the fact that the trial is pending since 2012, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with Section 143 of N.I. Act, as expeditiously as possible, after procuring the appearance of accused in accordance with law by making every legal efforts, without granting any unnecessary or long adjournments to accused side, preferably within a period of 6 months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 9.11.2023 Kamarjahan
Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the trial court was directed to expedite the pending proceedings under the Negotiable Instruments Act.
Whether the lower court should ensure the appearance of the accused within a stipulated period.
3 provisions across 2 enactments
Nitish Kumar Vaish
Vinod Jha
Ram Manohar Narayan Mishra
Kamarjahan Ansari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
