Applicant sought directions for expeditious conclusion of a pending Section 138 Negotiable Instruments Act complaint trial. The High Court noted the accused had not appeared pursuant to the summoning order, so expediting the trial would be futile, and dismissed the application.
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Neutral Citation No. - 2024:AHC:147205
Court No. - 81
Case :- APPLICATION U/S 483 No. - 1107 of 2024
Applicant :- Hausala Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakhar Mishra,Sumit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Applicant-Complainant has filed this application under Section 483 Code of Criminal Procedure for issuance of directions to the trial court to expeditiously conclude the trial proceedings of Complaint No. 37 of 2022; titled Hausala Prasad vs. Gulab Chandra, under Section 138 of Negotiable Instruments Act, 1881, Police Station Naini, District Prayagraj, in a stipulated period.
Concededly, pursuant to the summoning order dated 31st May, 2022, the accused is yet to appear, therefore, the issuance of directions to expedite the trial proceedings would be a futile exercise.
The application fails and is hereby dismissed.
Order Date :- 10.9.2024 Brijesh
Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether directions could be issued to the trial court to expedite the trial under Section 138 NI Act when the accused has not yet appeared despite summons.
2 provisions across 2 enactments
Hausala Prasad
State of U.P.
Manoj Bajaj
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
