Court No. - 72
Case :- APPLICATION U/S 482 No. - 31984 of 2019 Applicant :- K.C. Mangla Manager/ Authorized Seller Harsh Fresh Dairy Products Pvt. Ltd.
Opposite Party :- State Of Up And 4 Others Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,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 to direct the respondent No.2 to execute the non bailable warrant issued against O.P. Nos.3 to 5 arising out of Complaint Case No.5474 of 2018 (K.C. Mangla Vs. F.N.S.T. & Others) under Section 138 of N.I. Act, Police Station Hapur Nagar, District Hapur and decide the complaint, as expeditiously as possible preferably within the time stipulated.
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 2018. 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 judgments of the Apex Court in the cases of Indian Bank Association and others v. Union of India and others, (2014) 5 SCC 590 and J.V. Baharuni and another v. State of Gujarat and another, 2014 SCC 494 (para-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.300/- per date.
The compliance be reported to this Court.
Subject to aforesaid, this application is disposed of.
Order Date :- 22.8.2019 T. Sinha