Application filed under Section 483 Cr.P.C. seeking direction to expeditiously dispose of a Section 138 NI Act case pending at the trial court. The High Court ordered the trial court to conclude proceedings without unnecessary adjournments.
Direction to the trial court to expedite disposal without unnecessary adjournments.
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:186448
Court No. - 83
Case :- APPLICATION U/S 483 No. - 2219 of 2024 Applicant :- Sukhdev Panchal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicant, learned A.G.A for the State and also perused the record.
The present application under Section 483 Cr.P.C. has been filed seeking direction to the trial court to expedite and conclude the proceeding of Complaint Case No. 3307/IX of 2022 (Sukhdev Panchal Vs. Kirti Vashishtha), under Section 138 of Negotiable Instrument Act, Police Station-Koshi Kalan, District-Mathura, pending in the court of Judicial Magistrate, Chhata, Mathura, within stipulated period.
It is submitted by learned counsel for the applicant that the matter is pending consideration before the court concerned.
Expeditious disposal of a case is the right of every litigant and it is expected from every Court to endeavour to dispose of a case pending before it, expeditiously.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case and submission made by learned counsel for applicant, it is expedient to direct the court concerned to make its endeavour to decide the aforesaid case in terms of the provision under Section 143(3) of Negotiable Instrument Act, 1881, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, from the date of production of a certified copy of this order, if there is no other legal impediment.
With the aforesaid directions, the application stands disposed of finally.
Order Date :- 27.11.2024 Sunil Kr. Gupta
Digitally signed by :- SUNIL KUMAR GUPTA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the trial court should be directed under Section 483 Cr.P.C. to expedite the disposal of a Section 138 NI Act case.
Whether the High Court can direct the trial court to avoid unnecessary adjournments in pending proceedings.
3 provisions across 2 enactments
Sukhdev Panchal
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
