Contempt application alleging a Magistrate disobeyed an earlier High Court order to decide a Section 143(3) NI Act application within a fixed time. The court found no evidence of deliberate or wilful disobedience and dismissed the application.
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Neutral Citation No. - 2024:AHC:114102
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4595 of 2024
Applicant :- Shriram Yadav Opposite Party :- Smt Kiran Mishra Additional Civil Judge (Sr. Div)-Ii Counsel for Applicant :- Dinesh Singh Yadav
Hon'ble Salil Kumar Rai,J.
The present application has been filed pleading disobedience of the order dated 14.9.2023 passed by this Court in Application U/S 482 No.32757 of 2023.
Through the aforesaid order, the Court had directed the concerned Magistrate to decide the application under Section 143(3) of the Negotiable Instrument Act within the time fixed in the said order.
The order passed by this Court was served on the concerned Magistrate on 26.9.2023. The complete order sheet of the case has not been annexed with the affidavit.
In view of the aforesaid, there is nothing on record to indicate that there has been any deliberate or willful disobedience of the order of this Court by the concerned Magistrate.
No contempt has been made out in the present application.
The application is dismissed.
Order Date :- 18.7.2024 IB
Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Magistrate wilfully disobeyed the High Court's order directing a decision under Section 143(3) NI Act within a fixed time.
2 provisions across 2 enactments
Shriram Yadav
Smt Kiran Mishra Additional Civil Judge (Sr. Div)-Ii
Salil Kumar Rai
As recorded by the court registry
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