In this application under Section 483 CrPC for expediting a Section 138 NI Act trial, the court held that issuing directions would be futile as the accused is yet to appear. The court dismissed the application.
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Neutral Citation No. - 2024:AHC:144463
Court No. - 81
Case :- APPLICATION U/S 483 No. - 1490 of 2024
Applicant :- Dharmendra Kumar Opposite Party :- Sudhir Dubey Counsel for Applicant :- Rajat Agarwal,Virpratap Singh
Hon'ble Manoj Bajaj,J.
Dharmendra Kumar-Applicant has approached this Court through this application under Section 483 Code of Criminal Procedure for issuance of directions to the trial court to expedite the trial proceedings of Complaint Case No.447 of 2021 (Dharmendra Kumar vs. Sudhir Dubey), under section 138 of Negotiable Instruments Act, 1881, Police Station Rath, District- Hamirpur, within stipulated period.
Concededly, the accused is yet to put in appearance before the trial Court and the trial Court is regularly issuing warrants against the accused to secure his presence, therefore, issuance of directions to expedite the trial would be a futile exercise.
The application fails and is hereby dismissed.
Order Date :- 5.9.2024 Shiv
Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether directions should be issued to the trial court to expedite trial proceedings when the accused has failed to appear.
Whether an application for expediting trial under Section 483 CrPC succeeds if the accused remains at large.
2 provisions across 2 enactments
Dharmendra Kumar
Manoj Bajaj
Shiv Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
