Allahabad High Court
Ravindra Pal Singh vs State Of U.P. And Another on 28 August, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:138218 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl.No.37) Court No. - 79 Case :- APPLICATION U/S 482 No. - 23725 of 2024 Applicant :- Ravindra Pal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Rajesh Kumar Pandey, learned counsel for the applicant and Sri Sandeep Chaudhary, learned AGA for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking a direction for impleadment of the orders dated 14.07.2023 and 24.04.2024 passed by the Session Judge, Hathras in Criminal Appeal No. 33 of 2023 (Mahesh vs. Ravindra Pal), under Section 374 of Cr.P.C., arising out of Complaint Case No. 58 of 2019 (Ravindra Pal vs. Mahesh Kumar), under Section 138 of the Negotiable Instruments Act (in short the 'N.I.Act'), P.S. Sadabad, District Hathras, pending before the Additional Chief Judicial Magistrate, Sadabad, District Hathras (Mahamaya Nagar), expeditiously within the stipulated period.
3. Learned counsel for the applicant submits that the applicant herein has filed the complaint being Complaint Case No. 58 of 2019, under Section 138 of the N.I. Act,which was allowed in favour of the applicant herein vide order dated 24.04.2023 and the opposite party no.2 was sentenced to undergo six months imprisonment as well as the fine of Rs. 3,30,000/-, out of which the amount of Rs. 3,00,000/- to be paid to the applicant herein and Rs.30,000/- was required to be deposited in the government account. Against the aforesaid order, the opposite party no.2 has filed an appeal being Appeal No. 33 of 2023 and vide order dated 18.05.2023, the appellate court has directed the opposite party no.2 to deposit 50% of the amount of compensation / fine before the trial court concerned and the remaining amount of 50% was stayed, subject to stipulation that if the aforesaid amount is not deposited by the next date of listing, the stay order shall stand vacated. The next date was fixed on 17.06.2023.
4. The opposite party no.2 failed to deposit the aforesaid amount as directed by the appellate court and again on 14.07.2023, he has moved an application seeking further time of one month to deposit the aforesaid 50% amount. The aforesaid application was rejected by the appellate court. Therefore, there is no stay on the payment of fine / compensation amount as awarded by the trial court vide order dated 24.04.2023. In view thereof, the applicant moved an application under Section 421 of Cr.P.C. seeking execution of the order of the trial court and recovery of the fine / compensation amount as awarded by the trial court vide order dated 24.04.2023. Learned counsel for the applicant further submits that the aforesaid application was filed on 24.04.2024, however the trial court instead of passing the appropriate orders in terms of Section 421 Cr.P.C., is fixing dates after dates for hearing on the aforesaid application. Therefore, learned counsel for the applicant seeks a direction to the trial court concerned for expeditious disposal of the application under Section 421 Cr.P.C. filed by the applicant, in terms of the provisions of Section 421 Cr.P.C.
5. The learned AGA for the State does not oppose the prayer so made by learned counsel for the applicant.
6. In view of the order proposed to be passed, this court does not find any good reason to issue notice to the opposite party no. 2 and to keep the matter pending, which would further delay the proceeding before the trial court initiated by the applicant under Section 421 Cr.P.C.
7. In view thereof, the instant application under Section 482 Cr.P.C. is disposed of with a direction to the trial court concerned to proceed in the matter as expeditiously as possible preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment in terms of Section 421 Cr.P.C.
Order Date :- 28.8.2024 Ashish Pd.
(Anish Kumar Gupta,J.)