IN THE HIGH COURT OF ALLAHABAD
Hon'ble Arun Kumar Singh Deshwal,J.
Pritam Kumar Dubey – Appellant
Versus
State Of Uttar Pradesh, Through Principal Secretary, Home Department, Lucknow. – Respondent
| Table of Content |
|---|
| 1. contestation for expedited trial (Para 2) |
| 2. need for expeditious disposal (Para 4 , 5) |
1. Heard Sri Man Mohan Mishra, Advocate along with Shri Kartikey Dubey, learned counsel for the applicant and Sri P. P.Tiwari, learned A.G.A. for the State.
3. Contention of learned counsel for the applicant is that though this complaint under N.I. Act was filed in the year 2022, but the trial could not yet be concluded. It is further submitted that as per Section 143(2) of N.I. Act, the trial for the offence under N.I. Act should be conducted on day to day basis and it is further provided u/s 143(3) that the trial should be concluded within six months from the date of filing of the complaint.
"22. We notice, considering all those aspects, few High Courts of the country have laid down certain procedures for speedy disposal of cases under Section 138 of the Negotiable Instruments Act. Reference, in this connection, may be made to the judgments of the Bombay High Court in KSL and Industries Ltd. v. Mannalal Khandelwal, Indo International Ltd. v. State of Maharashtra (2005) 44 Civil CC and Harischandra Biyani v. Stock Holding Corpn. of India Ltd. (2006) 4 MhLJ 381, the judgment of th
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 court mandates expeditious disposal of trials under Section 138 of the N.I. Act, emphasizing adherence to statutory timelines and proper procedures.
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....
Dishonour of cheque – All proceedings under N.I. Act should be concluded expeditiously without going into unnecessary technicality.
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 Section 138 of the Negotiable Instruments Act, mandating completion within six months as per statutory provisions.
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 mandated the expeditious conclusion of trials under Section 138 of the Negotiable Instruments Act, emphasizing adherence to statutory timelines and procedures.
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 ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.