Application for expediting trial proceedings in a Section 138 NI Act complaint dismissed. The court found the delay bona fide due to pandemic and adjournments, citing Supreme Court precedent that no exceptional ground exists for speeding up summary trials.
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Neutral Citation No. - 2024:AHC:145377
Court No. - 81
Case :- APPLICATION U/S 483 No. - 559 of 2024
Applicant :- Mohd Arshad Alias Arshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Pratap Singh,Anshuman Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Complainant-Applicant has approached this Court through this application under Section 483 Code of Criminal Procedure for issuance of directions to the Additional Chief Judicial Magistrate9, Prayagraj to expedite and conclude the proceedings of Complaint Case No. 1703 of 2019,titled Arshad Vs. Zeenat Parveen, under Section 138 Negotiable Instruments Act, 1881, Police Station Dhoomanganj, District Prayagraj, in a stipulated period.
No one has appeared on behalf of applicant. Learned A.G.A. is present.
A perusal of the zimni orders reveals that after issuance of process against the accused vide order dated 31.1.2020, the trial proceedings were adjourned as a result of breakout of pandemic Covid-19 till August, 2021. Thereafter, the case has been adjourned for various reasons including the absence of the complainant, abstainment from work by lawyers or exemption by accused from personal appearance.
The delay in conclusion of trial is bona fide, and keeping in view the nature of the trial, which is summary, no exceptional ground is made out for expediting the trial proceedings in view of the decision of Hon'ble Supreme Court in Shaikh Uzma Feroz Hussain Vs. The State of Maharashtra, MANU/ SCOR/ 145020/ 2023 .
The application fails and is hereby dismissed.
Order Date :- 6.9.2024 P.S.Parihar
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the delay in concluding the trial under Section 138 NI Act warrants expediting proceedings?
Colour shows how this judgement treated each authority
Shaikh Uzma Feroz Hussain Vs. The State of MaharashtraReferred¶9
MANU/ SCOR/ 145020/ 2023
2 provisions across 2 enactments
Mohd Arshad Alias Arshad
State of U.P. and Another
Manoj Bajaj
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
