Darshan Singh vs State of U.P. and Another

Neutral Citation No. - 2024:AHC:114285

(Sl.No.27)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 20408 of 2024 Applicant :- Darshan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Mani Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Ganesh Mani, learned counsel for the applicant and Sri Padmakar Rai, learned AGA for the State.

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The instant application u/S 482 Cr.P.C. has been filed with the prayer to decide the Complaint Case No.90817 of 2021 (Darshan Singh vs. Kamal Jeet Singh Sahgal), under Section 138 of N.I. Act, Police Station-Najirabad, District-Kanpur Nagar, pending before the court of Metropolitan Magistrate-8, Kanpur Nagar.

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Learned counsel for the applicant submits that the instant complaint case under Section 138 of N.I. Act was filed by the applicant on 15th July, 2021. Though the opposite party No.2 has appeared before the trial court in pursuance of the summons issued on 5.1.2022 and he was released on bail on 4.10.2023 despite that he is not cooperating with the trial and on 6.1.2024, non-bailable warrants have already been issued against the opposite party No.2 and since then he is not appearing and due to his non-cooperation, the trial is not proceeding. In view thereof, he prayed for a direction for expeditious disposal of the instant case.

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Having regard to the aforesaid prayer made by learned counsel for the applicant, learned AGA has not opposed the prayer made by learned counsel for the applicant.

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In view of above, the instant application is disposed of with a direction to the trial court to proceed in the matter as expeditiously as possible keeping in mind the mandate of Section 143 (3) of N.I. Act.

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Order Date :- 18.7.2024 LN Tripathi

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(Anish Kumar Gupta,J.)

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Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad

Darshan Singh v. State of U.P. and Another

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