Allahabad High Court
Sharma Advertising Through Proprietor vs State Of U.P. And Another on 29 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:97892
Court No. - 85
Case :- APPLICATION U/S 483 No. - 997 of 2024
Applicant :- Sharma Advertising Through Proprietor
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajeev Kumar Mishra,Santosh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Misc. Case No. 220 of 2020, under Section 421 CrPC, arising out of Case No. 11334 of 2014 under Section 138 Negotiable Instruments Act, Police Station Nawabad, District Jhansi pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Jhansi, expeditiously within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicant that the aforesaid case is pending since 2014. It is further submitted that case under Section 138 Negotiable Instruments Act was filed by the applicant against the opposite party no.2 which was decided in favour of the applicant and the opposite party no.2 was convicted and a fine to the tune of Rs. 40,00,000/- was imposed upon him with default clause and further he was directed to pay Rs. 35,00,000/- from the aforesaid amount of fine, as compensation to the complainant but the said order was not complied with by the opposite party no.2 and he preferred a Criminal Appeal No. 11 of 2020 which was decided by the Sessions Judge, Jhansi on 21.10.2020 whereby the judgment and order dated 31.1.2020 passed by the trial court was affirmed. It is also submitted that against the said order of the appellate court, a criminal revision no. 1968 of 2020 was preferred by the opposite party no.2 before this Court which is still pending but as a matter of fact no interim order has been passed in the said revision in favour of the opposite party no.2. It is further submitted that an application dated 8.10.2020 was moved by the applicant before the trial court for execution of its own order dated 31.1.2020. The opposite party no.2/ convicted accused though appeared before the Court in the said proceeding but he is lingering on the matter by making frivolous applications and despite Court's order to submit any stay order passed by the High Court, no such order was produced by the opposite party no.2 and the matter is still pending.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. In view of the above, the Court concerned is directed to decide the aforesaid application dated 8.10.2020 expeditiously preferably within a period of three months from the date of production of certified copy of this order before, if there is no legal impediment.
7. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.
8. With the above observations, the application stands disposed of.
Order Date :- 29.5.2024
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