Application under Section 482 Cr.P.C. seeking expeditious disposal of a cheque dishonour case (Section 138 NI Act) pending due to opposite party non-cooperation. Court noted accused is on bail but did not pass positive directions.
None; applicant dismissed.
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Neutral Citation No. - 2024:AHC:135812
HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl No.23)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 18165 of 2024
Applicant :- Vinod Kumar Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar,Neetu Singh Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Ms. Neetu Singh, learned counsel for the applicant and Sri Rajeev Kumar Singh, 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 the Criminal Case No. 980 of 2023 (Vinod Kumar Dubey vs. Babulnath Vishwakarma) under Section 138 of the Negotiable Instruments Act, 1881 (in short, ' the N.I. Act '), pending in the court of learned Judicial Magistrate- I, Gyanpur, District- Bhadohi, within a stipulated period of time.
3. Learned counsel for the applicant submits that in the instant complaint case the complaint under Section 138 of the N.I. Act was filed on 18.01.2023 and the summoning order was passed on 27.02.2023, however, the matter is pending since then, though, the opposite party no.2 had appeared but he is not cooperating with the trial court, therefore, she seeks a direction for expeditious disposal of the instant case, relying the provisions of Section 143 (3) of the N.I. Act.
4. From the perusal of the order-sheet it appears that after the summoning was passed on 27.02.2023, the trial court has continuously issued the summoning orders. Thereafter, the bailable warrants were issued and subsequently non-bailable warrants were issued. On 29.02.2024, the accused has presented himself before the trial court and was granted bail.
5. In view thereof, though, this Court does not feel it appropriate to pass any positive directions, however, the trial court is expected to proceed in the matter keeping in mind the
provisions of Section 143 (3) of the N.I. Act.
6. With the aforesaid observations, the instant application is disposed of .
Order Date :- 23.8.2024 Shubham Arya
(Anish Kumar Gupta, J.)
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to pass positive directions for expeditious disposal of a cheque dishonour case where the accused is already on bail due to non-cooperation by the opposite party.
3 provisions across 2 enactments
Vinod Kumar Dubey
Anish Kumar Gupta
As recorded by the court registry
2 orders share this CNR
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