Court No. - 68
Case :- APPLICATION U/S 482 No. - 19468 of 2021 Applicant :- Rahul Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the applicant and the learned A.G.A for the State and perused the material on record.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed seeking a direction to the court concerned to decide Case No.3839 of 2020 under Section 138 N.I. Act Police Station Madihan District Mirzapur, expeditiously.
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 3.1.2019. 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 judgment 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 (10) 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 preferably within six months.
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.500/- per date. The compliance be reported to this Court.
Subject to aforesaid, this application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 Rakesh