Court No. - 80
Case :- APPLICATION U/S 482 No. - 26936 of 2021 Applicant :- Chandan Sweets Shiv Vihar Colony Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishal Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and the learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned Additional Court (138 N.I. Act), Moradabad to decide Complaint Case No. 7109 of 2017 (New No. 4331 of 2017) (Chandan Sweets Vs. Abujar Foods), under Section 138 of N.I. Act, P.S. Civil Lines, District- Moradabad expeditiously within stipulated period.
Learned counsel for the applicant has submitted that the present proceeding under Section 138 of N.I. Act has been pending since 26.4.2007 and has not yet been decided and has been lingering-on, on one pretext or the other.
In view of the provision of Section 143 (3) of the Negotiable Instruments Act, the Additional Court (138 N.I. Act), Moradabad is expected to make all endeavours to decide the aforesaid case expeditiously, preferably within a period of six months from the date of filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and there is no other legal impediment in deciding the aforesaid case.
With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 20.12.2021 KU