Akhilesh Soni v. State of U.P. and Another
Case brief
What is this about?
The court disposed of an application under Section 482 Cr.P.C. directing the trial court to decide a complaint case under Section 138 N.I. Act within six months to address a six-year delay.
What did the court decide?
Direction to the trial court to proceed with the complaint case under Section 138 N.I. Act expeditiously and dispose of it within six months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:133299
HIGH COURT OF JUDICATURE AT ALLAHABAD
(SN.47)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 23669 of 2024
Applicant :- Akhilesh Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Singh,Sanjay Vikram Singh Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
- Heard Shri Rakesh Kumar Singh, learned counsel for the applicant and the learned A.G.A. for the State.
- The instant application under section 482 Cr.P.C. has been filed seeking a direction to the Additional Civil Judge (S.D.) Second/A.C.J.M. Jaunpur to decide the Complaint Case No. 199/2018 (Akhilesh Soni Vs. Rahul Soni) under Section 138 N.I. Act, Police Station Machhalishahr, District Jaunpur expeditiously within a stipulated period.
- Learned counsel for the applicant submits that the instant complaint case has been filed on 21.4.2018 and since then the trial is pending and more than 6 years have passed. The proceedings could not be concluded due to non cooperation of the opposite party no. 2 whereas Section 143(3) of the N.I. Act itself mandates the disposal of the complaint under section 138 of N.I. Act within a period of six months. Therefore, learned counsel for the applicant is seeking a direction for expeditious disposal of the aforesaid case.
Issues for consideration
1 issue framed by the court
Whether instructions should be issued to the trial court to expedite the disposal of a pending complaint case under Section 138 N.I. Act due to delay.
Parties & counsel
- applicant
Akhilesh Soni
- respondent
State of U.P.
Coram
Anish Kumar Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/23669/2024
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