PETITIONER sought direction under Article 227 for speedy disposal of cheque dishonour complaint. Court directed lower court to decide case expeditiously per Section 143(3), avoiding unnecessary adjournments.
Direction to court below to decide the case expeditiously without unnecessary adjournments.
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Neutral Citation No. - 2024:AHC:143636
Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 8867 of 2024
Petitioner :- Roop Chandra Yadav Respondent :- Ms Gurbaksh Lal Engineering And Trading Company And Another Counsel for Petitioner :- Girja Shanker Mishra,Iftekhar Ahmad,Pratiksha Rai
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 with a prayer to direct the concerned court below to decide and dispose of the Complaint under section 138 N.I. Act, under sections 406/420 IPC filed in Misc. Complaint Number 22596/2020 (Roop Chandra Vs. M/S Gurbaksh Lal Engineering and Trading and others) Police Station Badshahi Naka, District Kanpur Nagar before Metropolitan Magistrate-3 Kanpur Nagar within a short stipulated period of time.
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 spirit 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 :- 4.9.2024
Monika
Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should direct the lower court to expedite disposal of sections 138 NI Act cases under Article 227 powers.
3 provisions across 2 enactments
Roop Chandra Yadav
Ms Gurbaksh Lal Engineering And Trading Company
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
