Court No. - 49
Case :- APPLICATION U/S 482 No. - 24816 of 2015
Applicant :- Dinesh Kumar Sharma
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- V.D. Dubey
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Pankaj Naqvi,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 for
seeking a direction to the court concerned to decide Case No. 27 of
2007 (Dinesh Kumar vs. Rajesh Kumar), under section 138 of N.I. Act,
Police Station Kotwali, District Aligarh pending before the court of
Additional Chief Judicial Magistrate, Court No.7, Aligarh, expeditiously.
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
2007. 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 judgment of the Apex Court in the case of Indian Bank
Association and others v. Union of India and others, (2014) 5 SCC
590 and J.V. Baharuni and another vs. State of Gujarat and
another, 2014(10) SCC 494 (Page-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.
400/- per date. The compliance be reported to this Court.
Subject to aforesaid, this application is disposed of.
Order Date :- 24.8.2015
Imroz
Neutral Citation No. - 2015:AHC:131791