Single Judge disposed of an application under Section 482 Cr.P.C. succouring expeditious disposal of a Section 138 NI Act case citing the statutory timeline mandate.
Direction to the trial court to proceed with expeditious disposal of the Section 138 NI Act case keeping in mind Section 143(3).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:136636
HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl No.6)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 17908 of 2024
Applicant :- Ompal Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Arvind Kumar Singh, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking direction for expeditious disposal of Case No. 7237 of 2023 (Ompal Singh Yadav vs. Alok Mishra) u/S 138 of the Negotiable Instruments Act, 1881 (in short, 'the N.I. Act' ), P.S.- Aliganj, District- Etah, pending in the court of learned Additional Chief Judicial Magistrate, Court No.18, Etah, within a time bound period.
3. Learned counsel for the applicant submits that the instant complaint case under Section 138 of the N.I. Act, was filed on 21.10.2022 and the summoning orders were passed on 26.06.2023. Since thereafter, the opposite party no.2 avoided summons. Thereafter, the bailable and non-bailable warrants were issued against the opposite party no.2. Subsequently, on 13.03.2024, the opposite party no.2 appeared before the Court and was released on bail. However, since thereafter again the applicant is not cooperating with the trial and seeking exemption on each and every date. In view thereof, learned counsel for the applicant seeks a direction for expeditious disposal of the instant complaint case in view of the provisions of Section 143(3) of the N.I. Act.
4. In view of the aforesaid prayer so made by learned counsel for the applicant, learned A.G.A. does not oppose the aforesaid prayer so made by learned counsel for the applicant.
5. In view of the order proposed to be passed, this Court does not find appropriate to issue notice to the opposite party no.2 and keep the matter pending here.
6. Therefore, the instant application is disposed of with a direction to the trial court concerned to proceed in the matter expeditiously, keeping in mind the mandate under Section 143 (3) of the N.I. Act, provided if there is no legal impediment.
Order Date :- 27.8.2024 Shubham Arya
(Anish Kumar Gupta, J.)
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether to direct the trial court to expeditiously dispose of a cheque dishonour complaint pending for a long period under Section 143(3) of the NI Act.
Whether notice to the opposite party is required before proceedings under Section 482 Cr.P.C. are disposed of in this case.
3 provisions across 2 enactments
Ompal Singh Yadav
State of U.P.
Anish Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
