Disposed¶5

Awdhesh Kumar v. State of U.P. and Another

Allahabad HC8 Jan 2025A483/2421/2024

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What is this about?

Section 483 Cr.P.C. application for speedy trial; expeditious disposal of Section 138 Negotiable Instrument Act cheque complaint; Complaint Case No.6700 of 2018; Judicial Magistrate VIII, Kanpur Nagar; Police Station Kakadev; summoning order dated 6.11.2018; case pending six years at evidence stage; direction to ensure accused's appearance; no adjournment or exemption normally; disposal within three months absent legal impediment; order dated 9.1.2025.

What did the court decide?

Application disposed of with directions to the court concerned to secure the appearance of the accused, to grant no adjournment or exemption from appearance normally, and to expedite disposal of Complaint Case No.6700 of 2018 within three months if there is no legal impediment. ¶5

Awdhesh Kumar Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:5864

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 2421 of 2024 Applicant :- Awdhesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar Singh 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.6700 of 2018 (Awadhesh Kumar Vs. Anurag Srivastava) under Section 138 Negotiable Instrument Act, Police Station Kakadev, District Kanpur Nagar pending in the Court of Judicial MagistrateVIII, Kanpur Nagar, 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 2018 and summoning order was passed on 6.11.2018 against the accused / opposite no.2. The case is at the stage of evidence. Accused is not cooperating with the court and only dates are being fixed for appearance. Case is pending for the last six years 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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In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused before the court. It is also directed that on the date fixed by the trial court the accused person shall appear before the Court and no adjournment or exemption for appearance will normally be granted to any of the accused persons on any ground whatsoever and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the case within three months, if there is no legal impediment.

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With the above observations, the application stands disposed of.

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Order Date :- 9.1.2025 / ss

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

Awdhesh Kumar v. State of U.P. and Another

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