Court No. - 71
Case :- APPLICATION U/S 482 No. - 47066 of 2019 Applicant :- Vaibhav Bhargava Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shivam Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.
2. This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Criminal Complaint No. 6352 of 2016 (Vaibhav Bhargava Vs. M/s RJ Adventures & Reality Private Ltd. and Another), under Section- 138 of Negotiable Instruments Act, 1881, Police Station- Kotwali, District- Kanpur Nagar.
3. Perusal of the record reveal that the complaint was lodged in the year 2016. Besides six months time period indicated in the statute, in the present case, almost three years time has expired.
4. Further, perusal of the order-sheet (which has been annexed to the present application) reveals that since 1.12.2018, adjournments have been repeatedly granted to the accused. Such a course is clearly impermissible in face of the time period indicated, to complete the proceedings within six months.
5. The present application is disposed of with a direction to the court below to conclude the trial, as expeditiously as possible, preferably within a period of three months, without granting any unnecessary adjournment to the accused. In that regard, the trial court shall remain aware of it's power to adopt coercive measures and to ensure day to day hearing, if required.
Order Date :- 19.12.2019 Prakhar