Court No. - 72
Case :- APPLICATION U/S 482 No. - 35512 of 2019
Applicant :- M/S Brindawan Agro Industries Pvt. Ltd.
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Saurabh Kumar Tiwari
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 Additional Chief Judicial Magistrate, Court No.4,
Firzabad to consider and decide the Complaint Case No. 767 of
2015 (M/s Brindawan Agro Industries Pvt. Ltd. Vs. Pradeep
Gupta) under Section 138 of N.I. Act, Police Station- Eka,
District- Firozabad 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 2015, 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/Akbar
Neutral Citation No. - 2019:AHC:157628