Dinesh Kumar Sharma v. State Of U.P. And Another

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