Disposed

Shri Mayank Prakash Singh v. State of U.P. and Another

Allahabad HC5 Feb 2025A483/180/2025

Case brief

AI extract

What is this about?

Application under Section 483 CrPC seeking a direction to the Agra court to expedite disposal of a 2022 cheque-dishonour complaint pending due to non-appearance of the accused. The High Court directed expeditious disposal within six months and bound all stakeholders to assist.

What did the court decide?

Direction to the trial court to dispose of the complaint within six months, with no unnecessary adjournments.

Shri Mayank Prakash Singh vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:18890

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 180 of 2025

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Applicant :- Shri Mayank Prakash Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kalyan Sundram Srivastava,Satyam Shivam Sundaram Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Complaint Case No.15225 of 2022 (Shri Mayank Prakash Singh Vs. Sri Uday Rana) under Section 138 Negotiable Instrument Act, Police Station New Agra, District Agra pending in the Court of Addl. Civil Judge, Court No.9, Agra, expeditiously within a stipulated period.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State.

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It has been submitted by the learned counsel for the applicant that the said complaint case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in the year 2022 and summoning order was passed on 14.4.2023 against the accused / opposite no.2. Accused is not cooperating with the court and only dates are being fixed for appearance. Case is pending before the court and it has not been decided on account of delaying tactics adopted by the accused. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period.

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I have considered the submissions and perused the entire record.

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The present case is pending for appearance of the accused / opposite party no.2 but he is not appearing despite several process sent to him. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the accused under its name.

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Accordingly, the Court concerned is directed to make all endeavours for expeditious disposal of the aforesaid case within

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six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted to either of the parties.

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It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

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With the above observations, the application stands disposed of.

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Order Date :- 5.2.2025 ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Shri Mayank Prakash Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shri Mayank Prakash Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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