Sanmukh Leasing Finance (India) ... vs State Of U.P. & Anr.
2021 Latest Caselaw 707 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
C. M. Application No.63323 of 2020-for extension of time.
 
InRe:-
 
Case :- U/S 482/378/407 No. - 196 of 2020
 

 
Applicant :- Sanmukh Leasing Finance (India) Ltd., Lucknow Thru. M.D.
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Dharmendra Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Alok Mathur,J.

1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

2. In exercise of the powers under Section 483 Cr.P.C., I deem it appropriate to pass following orders:-

3. Instant petition was disposed of by this Court vide judgment and order dated 14.1.2020 wherein following directions were issued:-

"However, considering all facts and circumstances of the case, without entering into merits of the case, the Additional Judge No.11, Lucknow (trial court) is hereby directed to consider and decide the aforesaid case under Section 138 of Negotiable Instruments Act, Sanmukh Leasing Finance (India) Ltd., Vs. Mohd. Tauheed Siddiqui, in accordance with law after affording opportunity of hearing to all parties concerned expeditiously, if possible within three months from the date of production of a certified copy of this order.

With the aforesaid observations and directions, the petition is disposed of finally."

4. Subsequently instant application was received from the Presiding Officer submitting that in light of the ongoing pandemic of COVID 19, looking to the limitations and restrictions in functioning of the courts, it is not possible to dispose of the said case in terms of the directions of this Court.

5. The case has been listed today but no one has appeared on behalf of the applicant.

6. Learned A.G.A. has no objection.

7. With the consent of the parties and looking into the request made by the trial court, in the interest of justice the present application is being disposed of with a direction to Additional Judge No.11, Lucknow (trial court) to consider and decide Case No.642 of 2017 (Old No.106 of 2013) under Section 138 of Negotiable Instruments Act, Sanmukh Leasing Finance (India) Ltd., Vs. Mohd. Tauheed Siddiqui, in accordance with law after affording opportunity of hearing to all parties concerned expeditiously, if possible within six months from the date of production of a certified copy of this order.

Order Date :- 12.1.2021 (Alok Mathur, J.)

RKM.