Rajendra Prasad Sharma v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 34061 of 2023 Applicant :- Rajendra Prasad Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant and the learned A.G.A.

¶2The applicant has invoked the inherent jurisdiction of this Court beseeching expeditious disposal of Complaint Case No.14213 of 2019 (Rajendra Prasad Sharma Vs. Hari Singh) under Section 138 Negotiable Instrument Act, Police Station Malpura, District Agra pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Agra.

¶3It is submitted that the present applicant has moved complaint owing to dishonour of cheque being Cheque No. 584577 dated

24.07.2019 amounting Rs.6,10,000/- which is pending since the date of its filing despite the fact that statutory period as enunciated under Section 143(3) of the Negotiable Instrument Act to decide the same has already been expired. It is further submitted that opposite party no. 2 (accused) has already appeared and normal dates are being fixed for evidence of the parties.

¶4In 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 application, with a direction to the learned Additional Chief Judicial Magistrate, Court No. 1, Agra. to decide the aforesaid case strictly in accordance with law by means of a reasoned and speaking order, after affording opportunity of hearing to the parties concerned and without granting any unnecessary adjournments to either of the parties expeditiously, preferably, within a period of six months from the date of production of certified copy of this order.

¶5With the aforesaid direction, this petition is finally disposed off. Order Date :- 3.11.2023 VR High Court of Judicature at Allahabad