M/S.Gurrappa Swamy Auto Finance Agency, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.No.7335 of 2018

ORDER

This petition is filed under Section 482 Cr.P.C. seeking a direction to the Court of I Additional Judicial Magistrate of First Class, Proddatur to dispose of C.C.No.526 of 2017.

The petitioner filed private complaint before the I Additional Judicial Magistrate of First Class, Proddatur for the offence punishable under Section 138 and 142 of the Negotiable Instruments Act in the year 2017 and the same is pending since more than six months, which is contrary to Section 143 of the N.I. Act and the judgment of the Apex Court in Indian Bank Association and others v Union of India and others1, and therefore, requested to issue direction to the Court below to adhere to Section 143 of the N.I. Act and the judgment of the Apex Court. It is a known fact that in every Court, pendency is unmanageable and if the Officer is directed to decide this case alone, it would amount to giving undue preference, ignoring the old matters as directed by the Apex Court on judicial side and circulars issued by this Court from time to time in pursuance of the judgments of the Apex Court. However, the Magistrate is directed to dispose of C.C.No.526 of 2017 as expeditiously as possible.

With the above direction, the criminal petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

______________________________ M. SATYANARAYANA MURTHY, J 16.07.2018 kvrm 1 (2014) 5 SCC 590