Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5043 of 2018 Applicant :- Jhankar Traders Onkar Manjusha Katra Padrauna Opposite Party :- Abhimanu Singh Chief Judicial Magistrate Counsel for Applicant :- Brij Bhushan Prasad Shrivastava Hon'ble Manoj Kumar Gupta,J.
By order dated 26.10.2017 in Application U/s 482 No. 35060 of 2017, this Court directed court below to decide proceedings of compliant case No. 642 of 2014 under Section 138 of the Negotiable Instruments Act within the period prescribed under the statute, without granting unnecessary adjournment.
Counsel for the applicant submits that under the statute, proceedings are to be concluded within a period of six months, but despite a certified copy of the order of this Court being brought to the knowledge of court below, the proceedings have not been concluded so far.
A perusal of the order sheet reveals that the proceedings are at the stage of recording of the evidence of the accused. The court is also fixing short dates. As such, at this stage, this Court is not inclined to proceed in contempt against the Presiding Officer, but in case the proceedings are inordinately delayed on account of any default on part of the Presiding Officer or in case unnecessary adjournments are granted, it shall be open to the applicant to approach this Court by way of a fresh petition.
The contempt application is accordingly disposed of.
(Manoj Kumar Gupta, J.) Order Date :- 24.9.2018 Darpan Sharma