In a criminal revision under Section 482 Cr.P.C., the High Court directed the trial court to dispose of a pending signature verification application and conclude the trial under Section 138 of the Negotiable Instruments Act within six months.
Directed the trial court to decide the pending application and conclude the trial within six months.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 39702 of 2022
Applicant :- Mahendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been moved with prayer to direct the learned court below to decide the application for signature verification filed by the applicat dated 18.4.2019 in Complaint Case No. 639 of 2018(Brijesh Kumar Saini Vs Mahendra Singh), under Section 138 of N.I.Act., P.S. Modi Nagar, District Ghaziabad.
It is submitted that in this case the said application is pending consideration since 18.4.2019 and due to which trial is also lingering, therefore, requested to decide the application along with trial expeditiously as provided under Section 143(3) of the Act.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and from perusal of record with Section 143(3) of the Act, the learned court below is hereby directed to decide the said application and also 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.
Accordingly, this application is disposed of finally.
Order Date :- 3.2.2023 RavindraKSingh
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether to direct the lower court to decided the pending application for signature verification and conclude the trial expeditiously.
Whether to fix a time-limit for the disposal of the cheque dishonour trial.
3 provisions across 2 enactments
Mahendra Singh
Shekhar Kumar Yadav
Ravindra Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
