Heard learned counsel for the applicant.
This contempt petition has been filed with the allegation that in spite of an order dated 29.1.2009 passed by this court in Criminal Misc. Application No.874 of 2009 the opposite party no.1 / Additional Chief Judicial Magistrate, Court no.2, Allahabad has not decided the proceedings under Section 138 N.I. Act though the stipulated time has elapsed.
The opposite party no.1 is bound by the order of this court and in case he does not decide it within a period of three months of receipt of this order, without any reasonable cause, the court would have no option except to punish him under Section 12 of the Contempt of Courts Act and other allied powers.
The applicant shall supply a duly stamped registered envelope addressed to opposite party no.1 and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant to the opposite party no.1 within three weeks from today and keep a record thereof.
The opposite party no.1 shall decide the proceedings under Section 138 N.I. Act of the applicant and intimate him of the order through the self-addressed envelope within a week thereafter.
In case, opposite party no.1 does not comply with the aforesaid directions, it would be open to the applicant to approach this court again.
With the aforesaid observations, this petition is finally disposed off at this stage.
Order Date :- 4.1.2010 SS