Kalicharan v. State of U.P. and 3 Others

Court No. - 90 Case :- APPLICATION U/S 482 No. - 33930 of 2023 Applicant :- Kalicharan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gautam Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The present application U/s 482 Cr.P.C. has been filed beseeching the expeditious disposal of Complaint Case No. 2418 of 2022 (Kali Charan Vs. M/s Shanti Sheet Grah Pvt. Ltd. and others), under Section 138 of Negotiable Instruments Act, pending before the court of learned Judicial Magistrate, Orai, District Jalaun.

¶3It is submitted by learned counsel for the applicant that the present applicant has moved a complaint under Section 138 of N.I. Act, which is pending since the date of its filing i.e. 28.05.2022, despite the fact that the statutory period to decided the same as enunciated under Section 143(3) of N.I. Act has already been expired. In the aforesaid matter, learned Magistrate has issued a process under Section 138 of N.I. Act, vide order dated

14.07.2022. Since then, normal dates are being fixed for issuing non-bailable-warrant against the accused who is throughout avoiding the proceedings. It is further submitted that no fruitful steps have been taken by the court concerned to ensure the presence of the applicant and decide the aforesaid mater as per law.

¶4Learned A.G.A. has no objection in case a direction is issued for early disposal of the case.

¶5In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction to court concerned before whom the aforementioned case is pending disposal, to decide the same expeditiously, preferably, within the statuary period as enunciated under Section 143(3) of N.I. Act.

¶6It is expected that the matter should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.

¶7With the aforesaid direction, instant application is disposed of. Order Date :- 17.10.2023 Mini High Court of Judicature at Allahabad