The Allahabad High Court (Lucknow Bench) dismissed a contempt application alleging violation of its earlier order directing speedy disposal of a cheque bounce case under Section 138 of the Negotiable Instruments Act.
In the earlier order dated 2 April 2024, the High Court had instructed the trial court to conclude the proceedings within six months, subject to there being no legal impediment. The applicant claimed non-compliance with this direction and sought initiation of contempt action under Section 12 of the Contempt of Courts Act.
Justice Jaspreet Singh, however, noted from the trial court’s order sheets that the case file had been transferred on 24 June 2024, notices were issued to the accused, non-bailable warrants were later ordered, and proceedings under Section 82 CrPC were initiated. This, the Court observed, demonstrated that the trial court was acting in accordance with law.
The Bench held that while the matter had not been concluded within the six-month timeframe, this could not be termed as wilful disobedience by the presiding officer, especially since the High Court’s earlier order had itself carried a caveat about legal impediments.
Accordingly, the Court dismissed the contempt plea, while directing the trial court to ensure that the proceedings are concluded expeditiously without undue delay.
Appearances:
Counsel for Applicant(s) : Niyaj Ahmad
