Allowed an application under Section 482 Cr.P.C. directing the Chief Judicial Magistrate, Muzaffarnagar to decide a Section 138 N.I. Act complaint expeditiously under Section 143(3) of the Negotiable Instrument Act.
Direction to decide the complaint under Section 138 of N.I. Act expeditiously within stipulated period.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 9351 of 2023
Applicant :- Smt. Anita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Bhushan Rai Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar Nigam,J.
Heard learned Counsel for the applicant and learned A.G.A. for the State.
The present application has been filed by the applicant for a direction to the Chief Judicial Magistrate, Muzaffarnagar to decide the complaint Case No.110 of 2021 (Smt. Anita Vs. Sonu) under Section 138 of N.I. Act within a stipulated period.
From perusal of the order-sheet, it appears that the opposite party has appeared before the court below and has been released on bail. The learned Chief Judicial Magistrate, Muzaffarnagar is directed to decide the Complaint Case No.110 of 2021 (Smt. Anita Vs. Sonu) under Section 138 of N.I. Act keeping in mind the provisions contained in Sub-clause 3 of Section 143 of Negotiable Instrument Act, 1881 expeditiously, preferably within the stipulated period of time.
With the aforesaid directions, the present application stands disposed of.
Order Date :- 29.3.2023 S. Singh
Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether the Chief Judicial Magistrate, Muzaffarnagar was directed to decide the complaint under Section 138 of Negotiable Instrument Act expeditiously.
Whether the application for directions to expedite proceedings under Section 143(3) of the Negotiable Instrument Act should be allowed.
Whether a direction can be issued to a lower court to dispose of a cheque bounce complaint within a stipulated period.
2 provisions across 1 enactments
Smt. Anita
State of U.P.
Another
Manish Kumar Nigam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
