A petition under Article 227 sought a direction to the Judicial Magistrate to promptly decide a cheque dishonour complaint under Section 138 NI Act pending since 2021. The High Court directed expeditious disposal per Section 143(3), without unnecessary adjournments, and disposed of the petition.
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Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 867 of 2024
Petitioner :- Chandra Bhan Pal Respondent :- Gulab Chandra Counsel for Petitioner :- Sanjay Kumar Singh,Shrawan Kumar Pandey
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, learned A.G.A for the State and also perused the record.
The present petition under Article 227 of the Constitution of India has been filed seeking direction to the Court of learned Judicial Magistrate (J.M.) Court No. 4, Allahabad/Prayagraj forthwith to decide the Complaint Case No. 1147 of 2021 (Chandra Bhan Pal vs. Gulab Chandra) under Section 138 of N.I. Act, pending since 18.08.2021 within stipulated period fixed by this Hon'ble Court.
It is submitted by learned counsel for the petitioner that the matter is pending consideration before the court concerned.
Considering the facts and circumstances of the case and submission made by learned counsel for petitioner, it is expedient to direct the court concerned to make its endeavour to decide the aforesaid case in terms of the provision under Section 143(3) of Negotiable Instrument Act, 1881, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, from the date of production of a certified copy of this order, if there is no other legal impediment.
With the aforesaid directions, the petition stands disposed of finally.
Order Date :- 8.7.2024 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court should be directed to expeditiously decide a pending Section 138 NI Act complaint case.
2 provisions across 1 enactments
Chandra Bhan Pal
Gulab Chandra
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
