Smt. Mamta Kumari vs State Of U.P. And Another
2022 Latest Caselaw 19458 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 26333 of 2022
 

 
Applicant :- Smt. Mamta Kumari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rakesh Kumar Singh Chauhan,Neelam Singh Chauhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Learned counsel for the applicant after arguing for sometime on instructions submits that he is not pressing the prayers made in this application for quashing the summoning order dated 25.02.2022 passed by Additional Court No. 2, Agra under Section 138 of Negotiable Instruments Act, Police Station- Sadar, District- Agra as well as entire proceedings of Complaint Case No. 6752 of 2021 and prayed that the applicant is desirous to appear before the trial court within a period of two weeks, file appropriate application and in case any such application is filed, the same may be decided expeditiously considering the guidelines of the judgment of Supreme Court in Damodar S.Prabhu Vs. Sayed Babalal.H. (2010) 5 SCC 663 and the trial court shall also consider the direction passed by Supreme Court in Re-: Expeditious trial of cases under Section 138 N.I. Act, 1881 (Suo Moto Writ Petition (Crl.) No. 2 of 2020) reported in 2021 SCC Online SC 325.

In view of the above, prayers made in this application are rejected.

Application is disposed of with the direction that in the event applicant honours his undertaking and files appropriate application, Trial Court will undertake all endeavour to decide the same expeditiously in accordance with law considering guidelines given in Damodar S.Prabhu (Supra) and the direction passed by Supreme Court in Re-:Expeditious trial of cases under Section 138 N.I. Act, 1881, (Suo Moto Writ Petition (Crl.) No.2 of 2020) reported in 2021 SCC Online SC 325.

Order Date :- 1.12.2022

Aditya

(S.No. 31/350 fresh cases)