In this quashable application, the Allahabad High Court directed the trial court to expedite a cheque dishonour trial pending since 2017, deciding the case within four months without unnecessary adjournments.
Direction to the trial court to decide the case within four months without unnecessary adjournments.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 42846 of 2022
Applicant :- Ashok Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant and learned A.G.A. for the respondent.
By means of this application under Section 482 Cr.P.C. the applicant seeks a direction to the Additional Chief Judicial Magistrate 9th, Agra to expedite the hearing of Complaint Case No. 3976 of 2017 (Ashok Kumar Gupta Vs. Brajesh Singh Yadav) under Section 138 N.I. Act, Police Station New Agra, District Agra, in a time bound manner.
It is stated by the learned counsel for the applicant that the trial is pending before the trial court since 2017.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the applicant's case, this application under Section 482 Cr.P.C. is finally disposed of with a direction to the Additional Chief Judicial Magistrate 9th, Agra to decide the aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order, if there is no legal impediment.
Order Date :- 19.1.2023 gp
Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court should be directed to expedite the hearing of a cheque dishonour case pending since 2017.
1 provisions across 1 enactments
Ashok Kumar Gupta
State of U.P.
Another
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
