Contempt application alleging a Magistrate disobeyed a High Court order to decide a Section 143(3) NI Act application within a fixed time. As the complete order sheet was not annexed, no deliberate or willful disobedience was shown; no contempt was made out and the application was dismissed.
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Neutral Citation No. - 2024:AHC:113985
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4599 of 2024
Applicant :- Shriram Yadav Opposite Party :- Smt Kiran Mishra, Additional Civil Judge (Sr. Div)-Ii Jaunpur
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.32552 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 willfully disobeyed the High Court's order dated 14.9.2023 directing timely decision of a Section 143(3) NI Act application.
1 provisions across 1 enactments
Shriram Yadav
Smt Kiran Mishra, Additional Civil Judge (Sr. Div)-II Jaunpur
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
