ARUN KUMAR SINGH DESHWAL
Sudhir Kumar Rai – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Arun Kumar Singh Deshwal, J.
Heard learned counsel for the applicant and Sri. Rajeev Kumar Singh, learned A.G.A. for the State.
2. The present application has been filed to direct the learned Additional Chief Judicial Magistrate-III, Varanasi to conclude the trial of Complaint Case No.14204 of 2020, CNR No-UPVR04019341-2020, Sudhir Kumar Rai v. Chatra Sal, under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police Station-Lanka, District-Varanasi, within a stipulated period.
3. Contention of learned counsel for the applicant is that though this complaint under the Act, 1881 was filed in the year 2020, but the trial could not yet be concluded. It is further submitted that as per Section 143(2) of Act, 1881 the trial for the offence under the Act, 1881 should be conducted on day to day basis and it is further provided under section 143(3) of the Act, 1881 that the trial should be concluded within six months from the date of filing of the complaint.
4. The Apex Court in the case of Indian Bank Association and others v. Union of India and others reported in (2014) 5 SCC 590, has issued direction for expeditious disposal of the
Harischandra Biyani v. Stock Holding Corpn. of India Ltd. (2006) 4 MhLJ 381
The court mandated the expeditious conclusion of trials under Section 138 of the Negotiable Instruments Act, emphasizing adherence to statutory timelines and procedures.
The court mandated the expeditious trial of complaints under Section 138 of the Negotiable Instruments Act, emphasizing adherence to statutory timelines and procedures for timely justice.
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.
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 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 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 emphasized the necessity for expeditious trials under the Negotiable Instruments Act, mandating adherence to specific procedures to ensure timely resolution of complaints.
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 ....
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