IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE ON THE 27th OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 8416 of 2024 BETWEEN:- MAHESH KUMAR OJHA S/O SHRI KAILASH CHANDRA OJHA, AGED-45 YEARS, OCCUPATION: PRIVATE SERVICE R/O MEERA NAGAR SANKAT MOCHAN GALI MORAR GWALIOR (MADHYA PRADESH) .....APPLICANT (BY SHRI SURESH AGARWAL- ADVOCATE) AND ANGAD SINGH S/O SHRI LATOORI PRASAD OJHA OCCUPATION: ASSISTANT PROFESSOR MITS COLLEGE R/O SHANTI NAGAR KHARIYATOR MEHGAON DISTRICT BHIND PRESENTLY MITS COLLEGE GOLE KA MANDIR GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI A.P.S. TOMAR- GOVERNMENT ADVOCATE) This application coming on for admission this day, the court passed the following:
ORDER
The present petition under Section 482 of Cr.P.C. has been preferred for a direction to decide the proceeding pending before the Judicial Magistrate First Class, Gwalior in NIA SC No.906/2020, whereby private complaint under Section 138 of the Negotiable Instrument Act is pending from the year, 2020 and plea was recorded on 26.04.2022, but due to delaying tactics of the respondent accused evidence could not be recorded till now. It is submitted that as per Section 143 (3) of the Negotiable Instrument Act every trial under this Section shall be conducted as expeditiously as possible. Thus, it was prayed that direction may be issued to conclude the trial within six months from the date of filing of the complaint i.e.23.11.2020. Looking to the nature of the controversy and the slow progress of the matter, this Court deems it expedient to direct the JMFC, Gwalior to conclude the proceedings in SC NIA No.906/2020 within a period of six months from the date of receipt of certified copy of this order and it is also directed that no undue adjournments shall be granted.
With the aforesaid direction, the petition stands disposed of. (MILIND RAMESH PHADKE) JUDGE Chandni
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