Court No. - 72
Case :- APPLICATION U/S 482 No. - 35503 of 2019
Applicant :- Ramakant Singh
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Vikrant Neeraj
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and the learned A.G.A.
The instant application under Section 482 Cr.P.C. has been filed to direct the
Civil Judge (Senior Division) Sonbhadra to consider and decide the Complaint
Case No. 1450 of 2012 (New No.281 of 2017), under Section 138 of N.I. Act,
Police Station Shahganj, District Sonbhadra, as expeditiously as possible
preferably within the time stipulated.
The contention is that a complaint under Section 138 of the N.I. Act, lodged by
the applicant is pending before the court concerned since 2012. Even though
dates are being fixed at regular intervals, no tangible progress is made, which is
virtually defeating the legislative mandate of Section 143(3) of the Act, which
provides that the trial of such offences, shall be conducted as expeditiously as
possible and an endeavour shall be made to conclude the trial within six months
from the date of filing of the complaint.
The judgments of the Apex Court in the cases of Indian Bank Association and
others v. Union of India and others, (2014) 5 SCC 590 and J.V. Baharuni
and another v. State of Gujarat and another, 2014 SCC 494 (para-61) also
affirm the said mandate.
The learned Magistrate shall ensure that the proceedings of the complaint case
are taken to its logical conclusion as expeditiously as possible.
Adjournments, if any, shall be for very strong and compelling reasons, to be
recorded in writing, else would attract a cost of not less than Rs.300/- per date.
The compliance be reported to this Court.
Subject to aforesaid, this application is disposed of.
Order Date :- 25.9.2019
T. Sinha
Neutral Citation No. - 2019:AHC:156413