Disposed

Shakil Ahmad Nijamuddin Khan v. State of Up and Another

Allahabad HC15 Jul 2024A482/12758/2024

Case brief

AI extract

What is this about?

Application filed seeking expeditious disposal of a Section 138 N.I. Act case pending over three years due to the accused's non-cooperation. Court directed trial court to proceed expeditiously under Section 143(3) N.I. Act.

What did the court decide?

Direction to the trial court to proceed with the matter as expeditiously as possible keeping in mind Section 143(3) of the N.I. Act.

Shakil Ahmad Nijamuddin Khan vs State of Up and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126362

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No. 36)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 12758 of 2024

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Applicant :- Shakil Ahmad Nijamuddin Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chitranshu Srivastav,Tabish Yusufi Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Chitranshu Srivastava, learned counsel for the applicant and Sri Prem Prakash Tripathi, learned A.G.A. for the State.

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Supplementary affidavit filed today is taken on record.

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Learned counsel for the applicant submits that the instant complaint case under Section 138 of Negotiable Instruments Act was filed in the year 2021 and the opposite party no.2 was summoned vide order dated 6.9.2022 and since then the opposite party no.2 has not cooperated with the trial of the case and therefore, the non-bailable warrants were issued against the opposite party no.2 on 19.02.2022. Despite the non-bailable warrants issued against the opposite party no.2 his presence could not be secured. Subsequently, the proclamation under Section 82 Cr.P.C. has been issued against the opposite party no.2, despite that his presence could not be secured. Since the matter is pending for more than three years, therefore, learned counsel for the applicant relying upon Section 143 (3) of the N.I. Act, seeks a direction for expeditious disposal of the instant case.

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From the order sheet of the court below, as produced by learned counsel for the applicant, it is apparent that the trial court is proceeding in the matter in accordance with law and all coercive steps have already been initiated to ensure the presence of opposite party no.2. However, since there is non-cooperation on the part of opposite party no.2 and the matter is pending since more than three

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years, the instant application is disposed of with a direction to the court below to proceed in the matter as expeditiously as possible, keeping in mind the provision of Section 143(3) of the N.I. Act.

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Order Date :- 5.8.2024 Kirti

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad

Shakil Ahmad Nijamuddin Khan v. State of Up and Another

Case brief

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Shakil Ahmad Nijamuddin Khan v. State of Up and Another

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