Manju Singh vs State of Up and Another — Cheque Dishonour | Allahabad HC (2025)

Manju Singh vs State of Up and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the learned Additional Civil Judge (Junior Division), Court No. 10, Jaunpur to ensure the presence of the accused-opposite party no. 2 within two months of production of certified copy of the order and to make all endeavours for expeditious disposal of Case No. 18980 of 2023; all stakeholders bound to assist the Court.

Issue for consideration

Whether the learned Additional Civil Judge (Junior Division), Court No. 10, Jaunpur should be directed to decide Case No. 18980 of 2023 (Manju Singh vs. Dev Maurya) under Section 138 N.I. Act expeditiously within a stipulated period.

Ratio / Principle

The learned trial court is directed to ensure the presence of the accused-opposite party no. 2 by adopting all legal measures within a period of two months from the date of production of a certified copy of this order.

Key takeaways

The trial court is to make all endeavours for expeditious disposal of Case No. 18980 of 2023 (Manju Singh vs. Dev Maurya) under Section 138 N.I. Act, if there is no legal impediment.ratio¶11
Besides the Presiding Officer, all stakeholders in the trial (police and execution authorities, advocates, parties to the case, staff) are made bound by the order to assist the Court in every manner for the expeditious disposal of the case.ratio¶13

Detailed headnote1 paragraphs

Application under Section 483 Cr.P.C. by the complainant seeking a direction to the Additional Civil Judge (Junior Division), Court No. 10, Jaunpur for expeditious disposal of Case No. 18980 of 2023 (Manju Singh vs. Dev Maurya) under Section 138 N.I. Act, P.S. Kotwali, District Jaunpur, where evidence stood concluded and the matter was pending at the stage of cross-examination of the accused. HELD: The trial court is directed to ensure the presence of the accused-opposite party no. 2 by adopting all legal measures within two months from production of a certified copy of the order and to make all endeavours for expeditious disposal of the case if there is no legal impediment; the Presiding Officer, police and execution authorities, advocates, parties and staff are all made bound by the order to assist the Court. Application disposed of.

Neutral Citation No. - 2025:AHC:24091

Court No. - 82

Case :- APPLICATION U/S 483 No. - 2098 of 2024

Applicant :- Manju Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhananjay Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned Additional Civil Judge (Junior Division), Court No. 10, Jaunpur to decide the Case No. 18980 of 2023 (Manju Singh Vs. Dev Maurya), under Section 138 N.I. Act, Police Station Kotwali, District Jaunpur, expeditiously within a stipulated period.

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

It is submitted by the learned counsel for the applicant that the applicant before this Court is the complainant. It is further submitted that the complainant has adduced her oral and documentary evidence and the case is pending at the stage of cross-examination of the accused but the accused is not cooperating with the trial. On the aforesaid submissions emphasis has been laid upon the copies of the order sheet of the trial court appended with the affidavit filed in support of this application.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

In the facts and circumstances of the case, the learned trial court is directed to ensure the presence of the accused-opposite party no. 2 by adopting all the legal measures within a period of two months from the date of production of certified copy of this order and to make all the endeavours for expeditious disposal of the Case No. 18980 of 2023 (Manju Singh Vs. Dev Maurya), under Section 138 N.I. Act, Police Station Kotwali, District Jaunpur, if there is no legal impediment.

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 execution authorities, advocates, parties to the case, staff 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.

With the above observations, the application stands disposed of.

Order Date :- 19.2.2025 Rmk.

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad