In this Section 482 Cr.P.C. application, the Allahabad High Court directed the lower court to decide a pending cheque dishonour complaint within six months to avoid unnecessary delays.
Direction to the lower court to decide the pending Section 138 N.I. Act complaint within six months.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 271 of 2023
Applicant :- Brajesh Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 of Cr.P.C. has been filed seeking direction to the Court below to consider and decide the Complaint Case No. 24034 of 2020, under Section 138 N.I. Act, Police Station-Kotwali City, District-Jaunpur, pending before the Judicial Magistrate First, Janupur, within stipulated period of time.
Considering that this criminal case is pending since 2020, without expressing any opinion on the merit of this case, this application is disposed of finally with direction to the concerned Court below to decide the aforesaid criminal case as expeditiously as possible preferably wihithin a period of six months from the date of production of a certified copy of this order without granting unnecessary adjournments to either of parties, if there is no other legal impediment.
The application is finally disposed of with aforesaid direction.
Order Date :- 6.1.2023 Neetu
Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should direct the lower court to dispose of a pending cheque dishonour complaint expeditiously.
2 provisions across 2 enactments
Brajesh Kumar Pandey
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
