Disposed¶7

Lochan Singh v. State of U.P. and Another

Allahabad HC4 Feb 2025NA529/187/2025

Case brief

AI extract

What is this about?

Allahabad High Court; expeditious trial direction; Section 138 Negotiable Instruments Act complaint; Section 483 Cr.P.C.; Section 529 BNSS; non-appearance of accused; bailable warrant; three-month direction to procure presence of accused; Additional Chief Judicial Magistrate Court No. 2 Mathura; Complaint Case No. 90432 of 2023; Lochan Singh Vs. Vijay Pal; application disposed of; order dated 5.2.2025.

What did the court decide?

Application disposed of with a direction to the trial court to procure the presence of accused-opposite party no. 2 within three months of production of certified copy of the order, and a direction to the applicant-complainant to take steps as required in accordance with law and assist the trial court. ¶7

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

What the court decided

AI extract

Outcome

¶7

Issue for consideration

Whether the Additional Chief Judicial Magistrate, Court No. 2, Mathura should be directed to decide Complaint Case No. 90432 of 2023 (Lochan Singh Vs. Vijay Pal) under Section 138 NI Act expeditiously within a stipulated period, the trial being stalled by the non-appearance of accused-opposite party no. 2.

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Court's answer

On perusal of the record and order sheet the Court found the complaint case pending at the stage of appearance of accused-opposite party no. 2, who was not appearing despite issuance of a bailable warrant.

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Ratio / Principle

The trial court is directed to procure the presence of accused-opposite party no. 2 within three months from the date of production of a certified copy of the order before it.

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Key takeaways

The applicant-complainant is directed to take steps in the matter, if required in accordance with law, and to assist the trial court.ratio¶6

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 483 Cr.P.C. (captioned 'APPLICATION U/S 529 BNSS No. - 187 of 2025') filed by complainant Lochan Singh seeking a direction to the Additional Chief Judicial Magistrate, Court No. 2, Mathura to decide Complaint Case No. 90432 of 2023 (Lochan Singh Vs. Vijay Pal) under Section 138 Negotiable Instruments Act, Police Station Sadar Bazar, District Mathura expeditiously within a stipulated period. Noting from the record and order sheet that the trial was pending at the stage of appearance of accused-opposite party no. 2 despite issuance of a bailable warrant, the Court directed the trial court to procure the presence of the accused within three months from production of a certified copy of the order, and directed the applicant-complainant to take steps as required in accordance with law and to assist the trial court. Order dated 5.2.2025.

Lochan Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Lochan Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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