Disposed

Pankaj Goyal v. State of U.P. and Another

Allahabad HC10 Jul 2024A482/18925/2024

Case brief

AI extract

What is this about?

Applicant sought expeditious disposal of his pending 2016 complaint under Section 138 of the Negotiable Instruments Act, delayed by the complainant's non-cooperation in cross-examination. The High Court declined to issue notice and directed the trial court at Amroha to decide the complaint expeditiously within six months.

What did the court decide?

Direction to trial court to decide Complaint Case No. 1779 of 2016 expeditiously, preferably within six months.

Pankaj Goyal vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:115123

¶2

HIGH COURT OF JUDICATURE AT ALLAHABAD

*********

(Sl.No. 45)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 18925 of 2024

¶7

Applicant :- Pankaj Goyal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshul Kumar Singhal Counsel for Opposite Party :- G.A.

¶8

Hon'ble Anish Kumar Gupta,J.

¶9

Heard Sri Mayank Kumar Singh, Advocate holding brief of Sri Anshul Kumar Singhal, learned counsel for the applicant and Sri Sandeep Choudhary, learned A.G.A. for the State.

¶10

The instant application under Section 482 Cr.P.C. has been filed seeking a direction to the court below to expeditiously decide the Complaint Case No. 1779 of 2016 (New Case No. 35 of 2024) under Section 138 N.I. Act, Police Station-Amroha Nagar, District Amroha.

¶11

Learned counsel for the applicant submits that the instant proceedings under Section 138 of Negotiable Instruments Act were filed in the year 2016 and since then, the same are pending trial due to non-cooperation of opposite party no. 2 as the case is pending for cross-examination of complainant for more than one year and the matter is proceeding in slow pace. Hence, a prayer is made for a direction to the court below for expeditious disposal of the aforesaid complaint case.

¶12

Learned A.G.A. for the State do not oppose the prayer made by learned counsel for the applicant.

¶13

Looking at the facts and circumstances and the prayer made by learned counsel for the applicant, this Court do not find any good reason to issue notice to the opposite party no.2 and keep the matter pending here, which will further delay the trial of the aforesaid case. It is apparent from the perusal of the order sheet

¶14

that opposite party no. 2 has continuously not cooperated with the trial of the aforesaid case and is deliberately delaying the disposal of the complaint case.

¶15

In view thereof, the Civil Judge (Junior Division)-I/J.M., Amroha, is directed to consider and decide the Complaint Case No. 1779 of 2016 (New Case No. 35 of 2024) under Section 138 N.I. Act, Police Station-Amroha Nagar, District Amroha filed by the applicant herein, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order provided there is no other legal impediment.

¶16

With the aforesaid directions, the instant application is disposed of.

¶17

Order Date :- 16.7.2024 Kirti

¶18

(Anish Kumar Gupta, J.)

¶19

Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Pankaj Goyal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pankaj Goyal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Amlesh Kumar Yadav vs State of U.P. and Another

Affan @ Sahanshah and Another vs State of Up and Another

Smt Tripati Mittal vs State of Up and Another

Pradeep Kumar vs State of U.P. and Another

Smt Jyoti Pandey vs State of U.P. and 3 Others

Shashikant Pandey vs State of Up and Another