Dismissed

Amlesh Kumar Yadav v. State of U.P. and Another

Allahabad HC9 Jul 2024A482/9964/2024

Case brief

AI extract

What is this about?

Single judge held that since the applicant failed to produce documents showing steps taken for service on accused persons, the High Court could not enforce time-bound disposal. The application was dismissed with an observation to proceed per Section 143(3) of the N.I. Act.

What did the court decide?

Application dismissed; observation that trial court shall proceed in accordance with的本质 of Section 143(3) of the N.I. Act.

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

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.4)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 9964 of 2024

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Applicant :- Amlesh Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aftab Khan Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Aftab Khan, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. has been filed seeking direction for expeditious disposal of Case No. 142 of 2022 (Amlesh Kumar vs. Vivek ), u/S 138 of the Negotiable Instruments Act, 1881 (in short, 'the N.I. Act'), P.S.- Sarai Khawaja, DistrictJaunpur, pending in the court of learned Judicial Magistrate-Ist, Jaunpur, within a time bound period.

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3. On 30.04.2024, this Court has passed the following order:

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"1. Heard learned counsel for the applicant and Sri Sheetla Prasad, State Law Officer for the State.

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2. Present application has been filed to direct the Judicial Magistrate, First, Jaunpur to expedite the proceeding of Case no.142 of 2022 (Amlesh Kumar Versus Vivek), u/s 138 of Negotiable Instruments Act, 1881, Police Station-Sarai Khawaja, District-Jaunpur, pending in the court of Judicial Magistrate, First, Jaunpur.

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3. From the perusal of order sheet, it appears that till date, the complainant has not taken steps for service upon the accused persons, therefore, no direction can be made, at this stage, to decide the complaint case in question in a time bound manner.

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4. Therefore, on the request of learned counsel for the applicant, put up in the week commencing 08.07.2024 as fresh. "

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4. Despite the aforesaid order, the applicant has failed to produce any document to show that he has ever taken steps for service upon the accused persons. Therefore, in view of the order dated 30.04.2024, no direction as prayed for by the learned counsel for the applicant can be

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issued. However, the instant application is disposed of with the observation that the trial court shall proceed in the matter in accordance with the essence of provisions of Section 143(3) of the N.I. Act.

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Order Date :- 16.7.2024 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

Amlesh Kumar Yadav v. State of U.P. and Another

Case brief

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Amlesh Kumar Yadav v. State of U.P. and Another

Case brief

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