Disposed

Ashok Kumar v. State of U.P. and Another

Allahabad HC2 Dec 2024A482/41030/2024

Case brief

AI extract

What is this about?

Applicant sought expedited disposal of a pending Section 138 Negotiable Instruments Act complaint. The court, invoking Section 143's six-month mandate, directed the trial court to conclude proceedings within six months and disposed of the application.

What did the court decide?

Direction to trial court to conclude complaint case preferably within six months from certified copy of order being presented.

Ashok Kumar vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:188752

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Court No. - 78 Case :- APPLICATION U/S 482 No. - 41030 of 2024 Applicant :- Ashok Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Rajput Counsel for Opposite Party :- G.A. Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State and perused the record.

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This application has been filed by the applicant seeking the expeditious disposal of Complaint Case No. 10456 of 2023, under Section 138 of the Negotiable Instruments Act, 1881 ( Ashok Kumar vs. Dileep Singh ), pending before the court of the learned Magistrate, Police Station Banna Devi, District Aligarh.

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Learned counsel for the applicant contends that the proceedings in Complaint Case No. 10456 of 2023, under Section 138 of the Negotiable Instruments Act, 1881 ( Ashok Kumar vs. Dileep Singh ), are unnecessarily delayed, causing undue hardship to the applicant. It is further submitted that the Negotiable Instruments Act mandates a time-bound trial of such cases, which is not being adhered to in this matter. The applicant, therefore, seeks a direction for the expeditious disposal of the case.

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Learned Additional Government Advocate submits that issuing notice to the opposite party and keeping this application pending would not serve any useful purpose, and the application may be disposed of at this stage itself.

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Considering the limited prayer of the applicant, and in view of the statutory mandate under Section 143 of the Negotiable Instruments Act, 1881, read with Section 138, which provides for the summary trial of such cases and requires their conclusion within six months from the date of filing of the complaint, the learned trial court is directed to make an earnest effort to conclude the proceedings in the aforesaid case expeditiously, preferably within six months from the date a certified copy of this order is presented before it, provided there is no legal impediment.

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With the above directions, this application is disposed of.

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Order Date :- 2.12.2024

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Sumaira

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Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad

Ashok Kumar v. State of U.P. and Another

Case brief

What is this about?

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Ashok Kumar v. State of U.P. and Another

Case brief

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