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IN THE HIGH COURT OF ALLAHABAD
RAJIV GUPTA, J.
Balkrishna Dubey – Appellant
Versus
State of U.P. and Another – Respondents
Application U/s 482 No. 3114 of 2023
Decided On : 08-02-2023
Criminal Procedure Code,1973 - 482 - Negotiable instruments act - Section 138 and 143(3) - Dishonor of cheque - Adjournments - Applicant is complainant in present case and he has filed a complaint under Section 138 of N.I. Act proceeding of the said complaint has been lingering-on on one pretext or the other and has not yet been concluded – Held, Section 143(3) of the Negotiable Instruments Act, Additional Chief Judicial Magistrate, Court No. is expected to make all endeavours to decide complaint case expeditiously - filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and there is no other legal impediment in deciding aforesaid case - Application u/s 482 Cr.P.C. is finally disposed of
JUDGMENT :
RAJIV GUPTA, J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
2. The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned Addl. Chief Judicial Magistrate to expeditiously conclude the proceedings of Case No. 95 of 2021 (Computer No. 8675 of 2021) (Balkrishna Dubey vs. Amit Kumar Mishra), under Section 138 N.I. Act, Police Station Meja, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No. 10, Allahabad as expeditiously as possible preferably within a period as fixed by this Court.
3. Learned counsel for the applicant has submitted that the applicant is the complainant in the present case and he has filed a complaint under Section 138 of N.I. Act on 13.08.2021, however since then, the proceeding of the said complaint has been lingering-on on one pretext or the other and has not yet been concluded.
4. In view of the provision of Section 143(3) of the Negotiable Instruments Act, the Additional Chief Judicial Magistrate, Court No. 10th, Allahabad is expected to make all endeavours to decide the aforesaid complaint case expeditiously, preferably within a period of six months from the date of filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and there is no other legal impediment in deciding the aforesaid case.
5. With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.
SupremeToday
The court mandated that trials under Section 138 of the N.I. Act must be concluded expeditiously, ideally within six months, following the Apex Court's guidelines.
The court established that trials under Section 138 of the Negotiable Instruments Act must be conducted expeditiously, in line with statutory requirements and Supreme Court directives.
The court emphasized the necessity for expeditious trials under the Negotiable Instruments Act, mandating adherence to specific procedures to ensure timely resolution of complaints.
The main legal point established in the judgment is the need for expeditious disposal of cases under the N.I. Act, as emphasized by the directions issued by the Apex Court and the statutory provision....
The court mandates expeditious disposal of trials under Section 138 of the N.I. Act, emphasizing adherence to statutory timelines and proper procedures.
Dishonour of cheque – All proceedings under N.I. Act should be concluded expeditiously without going into unnecessary technicality.
The central legal point established is the obligation of the courts to expedite the proceedings of cases under Section 138 of the Negotiable Instruments Act, 1881, in line with the directions of the ....
The court emphasized the necessity for expeditious trials under Section 138 of the Negotiable Instruments Act, mandating completion within six months as per statutory provisions.
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