Remanded

Swapnil Tomar v. State of U.P. and Another

Allahabad HC1 Feb 2023A483/14/2023

Case brief

AI extract

What is this about?

Single judge order under Section 483 Cr.P.C. directing Additional Court No. 2, Gautam Buddh Nagar to conclude defence evidence in a cheque dishonour case within two months, fixing short dates and prohibiting adjournments without heavy costs.

What did the court decide?

Directed trial court to conclude defence evidence within two months, fix short dates, and avoid adjournments without heavy costs.

Swapnil Tomar Vs State of U.P. and Another — Service and Employment | Allahabad HC (2023)

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Court No. - 93

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Case :- APPLICATION U/S 483 No. - 14 of 2023

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Applicant :- Swapnil Tomar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard Sri Sandeep Mishra, learned counsel for the applicant and learned A.G.A. for the State.

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The applicant has filed this application under Section 483 Cr.P.C. for directing the trial court to decide the Complaint Case No. 6092 of 2022, (Swapnil Tomar Vs. Prem Kumar) under Section 138 N.I. Act, Police Station- Sector-39, DistrictGautam Buddh Nagar, pending before the court of Additional Court 2nd, Gautam Buddh Nagar, expeditiously.

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It has been submitted by learned counsel for the applicant that complaint case was filed on 18.08.2015 and was registered as Complaint Case No. 1650 of 2015 (Swapnil Tomar Vs. Prem Kumar). After filing of the complaint case, learned court recorded the statement of witnesses u/s 202 Cr.P.C. and summon was issued to opposite party no. 2 on 02.11.2017 to face trial of offence u/s 138 of Negotiable Instruments Act. Thereafter, the aforesaid complaint case was transferred in the court of A.C.J.M.-III, Gautam Buddh Nagar by the order of Chief Judicial Magistrate vide order dated 30.06.2022 and the case was registered by a new no. 6092 of 2022. From the court of A.C.J.M.-III, the complaint case was later transferred to Additional Court No. 2, Gautam Buddh Nagar wherein it was received on 05.08.2022. Vide order dated 05.08.2022, the court closed the complainant's evidence and fixed 01.09.2022 for statement of accused to be recorded u/s 313 Cr.P.C. On 01.09.2022, the statement of accused u/s 313 Cr.P.C. was recorded and date was fixed for defence evidence on 02.11.2022.

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Heard learned counsel for the applicant and perused the statement given in the affidavit and the order sheet of the trial court available on record.

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It appears that since after recording of evidence of statement of accused on 01.09.2022, the case is still pending for defence evidence for the last several days. No further progress has been made in this case.

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Considering the facts and circumstances of the case, the Presiding Officer of the Additional Court No. 2, Gautam Buddh Nagar is directed to expeditiously conclude the defence evidence and after hearing the arguments decide the case within two months. The court concerned shall fix short dates in the case and shall not give adjournments to either of the parties unless it becomes unavoidable and that too, with heavy costs.

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The application is disposed of, accordingly.

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Order Date :- 1.2.2023 KS

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Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad

Swapnil Tomar v. State of U.P. and Another

Case brief

What is this about?

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Swapnil Tomar v. State of U.P. and Another

Case brief

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