Application under Section 483 CrPC seeking directions to expedite trial in a cheque dishonour case was dismissed. The High Court declined to issue further directions as the trial court had recently granted an opportunity for arguments, citing a Supreme Court decision.
No further directions issued for expeditious disposal.
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Neutral Citation No. - 2024:AHC:108809
Court No. - 81
Case :- APPLICATION U/S 483 No. - 761 of 2024
Applicant :- Kamla Shankar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Kamla Shankar Yadav-applicant has approached this Court through this application under Section 483 Code of Criminal Procedure for issuance of directions to the learned Additional Civil Judge (Senior Division) Ist, Jaunpur to expedite and conclude the proceedings of Complaint Case No. 0914 of 2017, titled Kamla Shankar Yadav Vs. Mohd. Aqeel, under section 138 N.I. Act, Police Station Mariyahun, District Jaunpur in a stipulated period.
Since, the trial Court itself is aware about the long pendency of this case and had granted last opportunity to the accused for arguments on 11.03.2024, therefore, in this background, this Court is not inclined to issue any further direction for expeditious disposal of this case, 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 :- 4.7.2024 Sumit S
Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should issue directions to expedite proceedings in a cheque dishonour case given the trial court has granted recent opportunity.
Colour shows how this judgement treated each authority
Shaikh Uzma Feroz Hussain Vs. The State of MaharashtraReferred¶7
Shaikh Uzma Feroz Hussain Vs. The State of Maharashtra, MANU/ SCOR/ 145020/ 2023
2 provisions across 2 enactments
Kamla Shankar Yadav
Manoj Bajaj
As recorded by the court registry
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