Dismissed

Shankar Lal Agrawal v. State of U.P. and Another

Allahabad HC13 Sept 2024A482/20668/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC seeking expeditious disposal of a pending NI Act complaint. The Court dismissed the application due to the applicant's absence and lack of good reasons, directing the trial court to proceed under Section 143(3) NI Act.

What did the court decide?

Instant application dismissed; Trial court directed to proceed in accordance with Section 143(3) of the NI Act.

Shankar Lal Agrawal vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149779

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.36)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 20668 of 2024

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Applicant :- Shankar Lal Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned A.G.A. for the State.

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2. The instant application has been filed seeking expeditious disposal of Complaint Case No. 12595 of 2022 (Shankar Lal Agrawal vs. Rahul Agrawal @ Chhole), u/S of the 138 Negotiable Instruments Act, 1881 (hereinafter referred as ''the N.I. Act" ), Police Station- Sipari Bazar, District- Jhansi, pending in the Court of learned Civil Judge (S.D.)/F.T.C., Jhansi.

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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 13.07.2022. Since then, the same is pending and the proceedings of the said case could not be concluded, therefore, relying upon Section 143 of the N.I. Act, learned counsel for the applicant seeks quashing of the entire proceedings of the instant case.

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4. From the perusal of the record it appears that after receiving the summons the opposite party no.2 had approached this Court by filing the Application under Section 482 No. 40264 of 2023 (Rahul Agrawal @ Chhole vs. State of U.P. and Another) , which was disposed of vide judgement and order dated 29.11.2023, permitting the opposite party no.2 to approach the trial court for compounding of the offence through compromise. Therefore, it appears that in terms of the aforesaid order the opposite party no.2 had appeared before the trial court and the matter was referred to the Mediation Centre on 22.12.2023 and the report of the Mediation Centre has not yet been received by

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the trial court and since thereafter the applicant herein is also not present before the trial court and now the instant application has been filed seeking a direction for expeditious disposal.

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5. In view thereof, since the applicant himself is absent from the trial court on various dates, therefore, this Court does not find any good reason to pass any positive direction for expeditious disposal as has been prayed by learned counsel for the applicant. Therefore, the instant application is dismissed . However, the trial court is expected to proceed in the matter in accordance with provisions of Section 143(3) of the N.I. Act.

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Order Date :- 13.9.2024 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

Shankar Lal Agrawal v. State of U.P. and Another

Case brief

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Shankar Lal Agrawal v. State of U.P. and Another

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