Disposed

M/S Chanda Construction and Developers through Proprietor Gitesh Kumar Kannaujiya v. State of U.P. and Another

Allahabad HC10 Jul 2024A482/21592/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application seeking directions for the expeditious disposal of a pending cheque dishonour complaint case, directing the trial court to proceed in accordance with Section 143(3) of the N.I. Act.

What did the court decide?

Direction to the trial court to proceed with the complaint case expeditiously.

M/S Chanda Construction and Developers through Proprietor… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:139002

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No. 17)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 21592 of 2024

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Applicant :- M/S Chanda Construction And Developers Through Proprietor Gitesh Kumar Kannaujiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard SriPrem Prakash, Advocate holding brief of Sri Ray Sahab Yadav, learned counsel for the applicant and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking a direction for expeditious disposal of Complaint Case No. 16931 of 2021 (M/s Chanda Construction and Developers vs. Smt. Girja Devi) under Section 138 of the Negotiable Instruments Act, 1881 (in short, 'the N.I. Act'), P.S.- Premnagar, District- Jhansi, pending in the court of Civil Judge (J.D.), F.T.C., Court no. 14, Jhansi.

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Learned counsel for the applicant submits that the instant complaint case under Section 138 of the N.I. Act was filed by the applicant on 23.11.2021 and the opposite party no. 2 was summoned vide summoning order dated 23.02.2023. Thereafter, on 20.09.2023 the opposite party no. 2 was granted bail and since then, the opposite party no. 2 is not cooperating with the trial. On 20.11.2023 non-bailable warrant was also issued against the opposite party no. 2. The said non-bailable order was recalled on 15.12.2023 on the recall application filed by the opposite party no. 2. Since then 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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Learned A.G.A. has no objection if the prayer made by learned counsel for the applicant is allowed.

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In view of the order proposed to be passed, this Court does not find it appropriate to issue notice to the opposite party no.2 and keep the matter pending here.

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In view therof, the instant application is disposed of with a direction to the trial court concerned to proceed in the matter expeditiously, keeping in mind the provisions of Section 143(3) of the N.I. Act, provided there is no other legal impediment.

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Order Date :- 29.8.2024 Kirti

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad

M/S Chanda Construction and Developers through Proprietor Gitesh Kumar Kannaujiya v. State of U.P. and Another

Case brief

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M/S Chanda Construction and Developers through Proprietor Gitesh Kumar Kannaujiya v. State of U.P. and Another

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