Disposed

Noori v. Additional Court No. 5 Lko. District Lko. and Another

Allahabad HC27 Nov 2024A482/10651/2024

Case brief

AI extract

What is this about?

The High Court granted an application under Section 483 Cr.P.C. and disposed of it by directing the trial court to decide the complaint case under Section 138 of the Negotiable Instruments Act, 1881, expeditiously without unnecessary adjournments, citing Section 143(2) and 143(3) of the Act.

What did the court decide?

Direction to the trial court to dispose of the complaint case under Section 138 NI Act expeditiously without unnecessary adjournments.

Noori vs Additional Court No. 5 Lko. District Lko. and… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:78625

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 10651 of 2024

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Applicant :- Noori Opposite Party :- Additional Court No. 5 Lko. District Lko. And Another Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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In view of the order which is proposed to be passed today, notice to opposite party No.2 is dispensed with.

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The only innocuous prayer made in the present application filed under Section 483 Cr.P.C. is that the learned trial court/ learned Additional Court No.5, Lucknow be directed to decide the Complaint Case No.32978 of 2024, under Section 138 of Negotiable Instruments Act expeditiously and preferably within a time bound manner.

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Learned counsel for the applicant has submitted that the trial is not being completed because adjournments have been granted frequently. Therefore, he has prayed to issue a direction to dispose of the aforesaid case in a time bound manner.

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Learned A.G.A., on the other hand, has opposed the aforesaid prayer and has placed reliance upon the judgment rendered by Hon'ble Apex Court in the case of High Court Bar Association, Allahabad vs. State of U.P. and ors : 2024 1 UPLBEC 545 .

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Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the entire record, it appears that no substantial progress has been made so far to conclude the aforesaid compliant case.

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Therefore, to secure ends of justice, the present application is finally disposed of with the direction to the trial court concerned to dispose of the aforesaid case expeditiously keeping in view the provisions contained in Section 143(2) and 143(3) Negotiable Instruments Act, 1881, without granting any unnecessary adjournment to the parties, in accordance with law if there is no other legal impediment.

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Order Date :- 27.11.2024 Mahesh

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Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Noori v. Additional Court No. 5 Lko. District Lko. and Another

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Noori v. Additional Court No. 5 Lko. District Lko. and Another

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