Disposed

Basil Publishing Private Limited through Its Director Nikhil Gupta v. State of U.P.and 3 Others

Allahabad HC18 May 2023A482/18503/2023

Case brief

AI extract

What is this about?

The High Court directed the trial court to conclude complain proceedings under Section 138 of the NI Act within six months without unnecessary adjournments, citing an earlier order and Section 143(3) of the Act.

What did the court decide?

Direction to lower court to conclude trial within six months without unnecessary adjournments.

Basil Publishing Private Limited through Its Director… — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:108527

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 18503 of 2023

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Applicant :- Basil Publishing Private Limited Through Its Director Nikhil Gupta Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Dheeraj Maheshwari,Munna Lal Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant and learned A.G.A.

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This application has been filed with a direction to the Court below i.e. Addl. Civil Judge (SD) Court No. 1/ACJM, Ghaziabad to conclude the proceedings of Complaint Case No. 394 of 2021 (Old No. 1798 of 2018), under Section 138 of NI Act, P.S. Sihani Gate, District Ghaziabad within stipulated period.

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Record discloses that earlier the applicant has also filed application u/s 482 No. 9178 of 2022 seeking direction to the court below to conclude the proceedings of aforesaid case, which has been disposed of by this court vide order dated 3.08.2022, with the direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the

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parties, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment.Again, present application has been filed seeking the same relief.

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It is submitted that in this case the aforesaid complaint under Section 138 N.I. Act is pending since 2018, before the learned court below, therefore, requested to decide the matter expeditiously as provided under Section 143(3) of the Act.

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Learned A.G.A. has no objection in this regard.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant, and from perusal of record with Section 143(3) of the Act, the learned court below is hereby directed to conclude the trial without granting any unnecessary or long adjournments to either of the parties as expeditiously as possible within a period of six months from the date of production of a certified copy of this order, if there is no any other legal impediment.

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Accordingly, this application is disposed of finally.

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Order Date :- 18.5.2023/RavindraKSingh

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Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad

Basil Publishing Private Limited through Its Director Nikhil Gupta v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

Basil Publishing Private Limited through Its Director Nikhil Gupta v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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