Disposed

Rahul Sahgal v. State of U.P. and and 2 Others

Allahabad HC27 Aug 2024A482/19883/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. seeking time-bound disposal of a pending cheque-dishonour complaint under Section 138 of the N.I. Act. The State raised no objection; the Court directed the trial court to dispose of the case expeditiously per Section 143(3).

What did the court decide?

Direction to trial court for expeditious disposal of the Section 138 N.I. Act complaint case.

Rahul Sahgal vs State of U.P. and and 2 Others — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:136680

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.10)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 19883 of 2024

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Applicant :- Rahul Sahgal Opposite Party :- State Of U.P. And And 2 Others Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Mahesh Kumar, learned counsel for the applicant and Sri Rajeev Kumar, learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. has been filed seeking direction for expeditious disposal of Case No. 11310 of 2020 (Rahul Sahgal vs. M/s Bhagwati Rail Infra Private Limited and Another) under Section 138 of the Negotiable Instruments Act, 1881 (in short, 'the N.I. Act' ), P.S.Sipri Bazar, District- Jhansi, pending in the court of learned Civil Judge (S.D.), F.T.C., Jhansi, within a time bound period.

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3. Learned counsel for the applicant submits that the instant complaint case under Section 138 of the N.I. Act, was filed on 10.12.2020 and the summoning order was passed on 05.04.2021. Since thereafter, the opposite party no.2 is not cooperating with the trial and due to non-cooperation of the opposite party no.2 the instant complaint case could not be decided. 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.

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4. Having regard to the prayer so made, learned A.G.A. does not oppose the prayer for expeditious disposal of the instant complaint case.

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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.

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6. Therefore, the instant application is disposed of with a

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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.

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Order Date :- 27.8.2024 Shubham Arya

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(Anish Kumar Gupta, J.)

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

Rahul Sahgal v. State of U.P. and and 2 Others

Case brief

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Rahul Sahgal v. State of U.P. and and 2 Others

Case brief

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