Om Parkash Gupta Vs State of Punjab and Another

This petition is under Section 482 Cr.P.C. vide which the petitioner has sought directions from this Court to direct the Judicial Magistrate 1^st Class, Ludhiana to expedite the proceedings pending in the complaint under Section 138 of Negotiable Instruments Act, titled 'Om Parkash versus Girdhari Lal Sangar'.

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Ms. Bhupinder Kaur, Advocate counsel for the petitioner has argued that the criminal complaint is of the year 2004 and it has not concluded its evidence. After recording evidence of complainant, the defence has taken seven years to conclude its evidence.

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As per order dated 14.1.2011, the proceedings in the complaint have been adjourned sine die till decision of the application under Section 340 Cr.P.C. is finalized. On query of the Court, counsel for the petitioner has informed the Court that proceedings under Section 340 Cr.P.C. have been initiated against the present petitioner for leading forged evidence in the shape of impugned cheque bearing No.554298 and the petitioner is being tried in the

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Criminal Misc. No. M- 10688 of 2011

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proceedings initiated under Sections 193,195 and 196 IPC. These proceedings have been initiated way-back in the year 2007.

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In view of this factual position, no direction can be issued to expedite to conclude the trial in the complaint case under Section 138 of Negotiable Instruments Act.

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The criminal miscellaneous petition is dismissed.

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April 07, 2011 Vijay Asija

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( RITU BAHRI ) JUDGE

Om Parkash Gupta v. State of Punjab and Another

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Om Parkash Gupta v. State of Punjab and Another

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