Satyendra Prakash Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

Satyendra Prakash Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Direction to the Metropolitan Magistrate-III, Kanpur Nagar to procure the accused's appearance through coercive measures in accordance with law and to conclude Complaint Case No. 21751 of 2020 expeditiously by fixing short dates, without adjournments to either party unless unavoidable and that too with heavy costs; application disposed of accordingly.

Issue for consideration

Whether the High Court should direct the Metropolitan Magistrate-III, Kanpur Nagar to decide Complaint Case No. 21751 of 2020 (Section 138 NI Act) expeditiously. +1 more

Court's answer

The Metropolitan Magistrate-III, Kanpur Nagar is directed to procure the appearance of the accused by using coercive measures in accordance with law and to expeditiously conclude the disposal of the complaint case by fixing short dates, not giving any adjournment to either party unless it becomes unavoidable and that too with heavy costs.

Ratio / Principle

The trial of the complaint case is proceeding very slowly: although the accused appeared after summons and obtained bail, on subsequent dates he is either absent or files exemption applications, and the trial court is not taking coercive measures in accordance with law to ensure his appearance while granting adjournments liberally.

Detailed headnote1 paragraphs

Application under Section 483 Cr.P.C. (Application U/S 483 No. 593 of 2022) by Satyendra Prakash seeking expeditious disposal of Complaint Case No. 21751 of 2020 under Section 138 of the Negotiable Instruments Act against M/S Binayak Seeds, pending before the Metropolitan Magistrate-III, Kanpur Nagar. The Allahabad High Court (Surendra Singh-I, J.) found the trial very slow — the accused, though summoned and released on bail on 18.10.2021, remained absent or filed exemption applications, and the trial court granted adjournments liberally without coercive steps. The Magistrate was directed to procure the accused's appearance by coercive measures in accordance with law and to conclude the case expeditiously by fixing short dates, refusing adjournments unless unavoidable and that too with heavy costs. Application disposed of (order dated 2.2.2023).

Court No. - 93

Case :- APPLICATION U/S 483 No. - 593 of 2022 Applicant :- Satyendra Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Surendra Singh-I,J.

Heard Sri Anand Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.

The applicant has filed this application under Section 483 Cr.P.C. for directing the trial court to decide the Complaint Case No. 21751 of 2020, (Satyendra Prakash Vs. M/S Binayak Seeds) under Section 138 of Negotiable Instruments Act, Police Station- Badshahi Naka, District- Kanpur Nagar, pending before the court of Metropolitan Magistrate-III, Kanpur Nagar, expeditiously.

It has been submitted by learned counsel for the applicant that complaint case was filed on 29.10.2020. The opposite party no. 2/accused was summoned on 06.04.2021 but he did not appear on the date fixed. The court issued bailable warrant on 29.09.2021 against the accused. The accused/opposite party no.2 then surrendered before the concerned court on 18.10.2021 and obtained bail. Since then, the case is pending for recording statement of accused. Several dates have passed but the statement of accused has not yet been taken. The proceedings have been adjourned on the exemption application of the accused or without any reasons mentioned in the order sheet.

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

It appears that the trial of the case is very slow. The court is not taking coercive measures in accordance with law to ensure the appearance of the accused as even though the accused has appeared after being summoned and has obtained bail but on subsequent dates, the accused is either absent or is filing exemption application and the

court is granting adjournment liberally.

Considering the facts and circumstances of the case, the Metropolitan Magistrate-III, Kanpur Nagar is directed to procure the appearance of accused by using coercive measures in accordance with law and expeditiously conclude the disposal of the complaint case by fixing short dates and not giving any adjournment to either of the parties unless it becomes unavoidable and that too, with heavy costs.

The application is disposed of, accordingly.

Order Date :- 2.2.2023/KS

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