The High Court, treating an application under Cr.P.C. 482 for declaring proceedings under the N.I. Act time-barred, noted the record was not before it and disposed of the application without deciding the merits, directing the trial court to conclude the trial.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 39080 of 2022
Applicant :- M/S M.P. Printers (A Unit D.B. Corp. Ltd.)
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anubhav Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned A.G.A.
The applicant has invoked the jurisdiction of this Court under section 482 Cr.P.C. with a prayer to direct Additional Court No.1, Gautam Budh Nagar to decide the complaint case no. 1040/19, M.P. Printers Vs. M/s Vidhyapeeth Time Publications, u/s 138 and 141 of N.I.Act. within the stipulated period..
Learned counsel for the applicant has submitted that the applicant has instituted proceeding under section 138 of N.I. Act. against O.P. No.2 on 17.7.2019, however, the said proceeding has not yet been concluded and has been lingering-on, on one pretext or the other.
In view of the provision contained in section 143 (3) of the N.I. Act the trial court is expected to make all endeavour to conclude the trial of the aforesaid case preferably within a period of six months after giving opportunity of hearing to both the sides and without giving unnecessary adjournments to either side and there is no other legal impediment in concluding the trial.
With these observations, the present application filed under section 482 Cr.P.C. stands disposed of.
Order Date :- 5.1.2023 R
Digitally signed by RAM ASARE MORYA Date: 2023.01.05 17:00:17 IST Reason: Location: High Court of Judicature at Allahabad
M/S M.P. Printers
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
