Disposed

Syed Hasan Raza v. the State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC13 Mar 2024/164/2024

Case brief

AI extract

What is this about?

Petition under Section 483 Cr.P.C. seeking expedition of a Section 138 NI Act complaint pending since October 2019 before the Special Court (NI Act), Lucknow, contrary to the six-month timeline in Section 143(3). The court directed conclusion of proceedings expeditiously within four months on short dates.

What did the court decide?

Direction to Special Court N.I. Act, Lucknow to conclude Case No.4760 of 2019 under Section 138 NI Act expeditiously, preferably within four months, on day-to-day basis.

Syed Hasan Raza Vs the State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:21894

¶2

Court No. - 11

¶3

Case :- APPLICATION U/S 483 No. - 164 of 2024

¶4

Applicant :- Syed Hasan Raza Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Mohammad Alishah Faruqi,Mohd. Suhail,Syed Tasveer Abbas Rizvi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajesh Singh Chauhan,J.

¶6

1. Heard learned counsel for the petitioner and the learned Additional Government Advocate for the State.

¶7

2. In view of the proposed order, the notice to apposite party No.2 is hereby dispensed with.

¶8

3. By means of this petition filed under Section 483 Cr.P.C., the petitioner has prayed for issuance of direction to the learned court below to expedite the pending proceedings of Case No.4760 of 2019 (Syed Hasan Raza Vs. Smt. Rubina Siddiqui), under Section 138 of Negotiable Instruments Act, pending before the learned Special Court N.I. Act, Lucknow since 29.10.2019, as early as possible or within the stipulated time as fixed by this Hon'ble Court, in the interest of justice.

¶9

4. The contention of learned counsel for the petitioner is that the summary proceedings under Section 138 of Negotiable Instrument Act are pending before the learned court below since 2019 and since then more than four years have passed, therefore, any direction for disposal of the aforesaid case may be issued inasmuch as the petitioner is suffering irreparable loss and injury for not deciding the aforesaid complaint case.

¶10

5. Learned counsel for the petitioner has submitted that in view of Section 143 (3) of Negotiable Instruments Act such proceedings shall be conducted and concluded expeditiously preferably within a period of six months from the date of filing of the complaint but more than four years period have passed, the proceedings have not been concluded till date.

¶11

6. This is really very sorry state of affairs that the proceedings of Negotiable Instruments Act are pending consideration for more than four years. Those proceedings are summary in nature, therefore, the statute has provided to conclude such

¶12

proceedings within a period of six months.

¶13

7. Considering the aforesaid innocuous prayer of learned counsel for the petitioner and also the provisions of Section 143 (3) of Negotiable Instruments Act, without entering into merits of the issue, I hereby dispose of finally this petition at the admission stage directing the learned court below i.e. learned Special Court N.I. Act, Lucknow to conclude the proceedings of Case No.4760 of 2019 (Syed Hasan Raza Vs. Smt. Rubina Siddiqui), under Section 138 of Negotiable Instruments Act, strictly in accordance with law, if there is no legal impediment by affording an opportunity of hearing to the parties concerned, expeditiously, preferably within a period of four months from the date of receipt of a certified copy of this order by fixing short dates, if possible, on day-to-day basis ensuring that no unnecessary adjournment shall be given to any of the parties and if any unnecessary adjournment is prayed, the same may be turned down and rejected and the matter may be proceeded exparte.

¶14

[Rajesh Singh Chauhan,J.]

¶15

Order Date :- 13.3.2024 Suresh/

¶16

Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Syed Hasan Raza v. the State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

Syed Hasan Raza v. the State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Anshar Ahmad Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Shashank Gupta and Others Vs State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home U.P. Lko. and Another

Munnu Lal @ Munendr @ Munendra Nishad Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Jitendra Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. U.P. and 2 Others

Ashok Kumar Gautam Vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Devendra Dutt and Another Vs State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Another