Naresh Oberai vs State Of U.P. And Another
2015 Latest Caselaw 1961 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 
Case :- APPLICATION U/S 482 No. - 24880 of 2015
 

 
Applicant :- Naresh Oberai
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Madan Mohan,P.S. Verma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,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 for seeking a direction to the court concerned to decide Complaint Case No.1082 of 2010, under Section 138 N.I. Act, P.S. Loha Mandi, Agra, pending before the Addl. Chief Judicial Magistrate, Court No.9, Agra, 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 2010. 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.400/- per date.

The compliance be reported to this Court.

Subject to aforesaid, this application is disposed of.

Order Date :- 24.8.2015

Ashish Pd.