Court No. - 23
Case :- APPLICATION U/S 482 No. - 35374 of 2018 Applicant :- Anshu Builders Co.
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Bhanu Prakash Verma, learned counsel for the applicant and Sri Ravindra Nath Tiwari, learned A.G.A. for the respondents.
This application under Section 482 Cr.P.C. has been preferred with the prayer to direct the Presiding Officer, Addl. Court, Mathura to decide the case no. 552 of 2018 (Anshu Builders Co. Versus Kalpana Singh), under Section 138 of Negotiable Instruments Act, Police Station Kotwali, District Mathura, within stipulated time.
Learned counsel for the applicant has invited attention of the Court towards Section 143 (2) and 143(3) of the Negotiable Instruments Act, 1881. which provides that trial of a case under the Section shall be continued from day to day until its conclusion, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing and every trial under this Section 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.
In view of the above, it is provided that the court below will make each and every endeavour to dispose of the above mentioned case as expeditiously as possible having regard to the provisions of Section 138 of N.I. Act, without granting any unnecessary adjournment to either of the parties.
For the purpose no adjournment shall be granted to either of the parties and in case adjournment is inevitable it shall be granted on payment of heavy cost and for short period.
With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed of.
Order Date :- 12.10.2018 Ravi Prakash