Vidya Bhushan Tiwari v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 35439 of 2023 Applicant :- Vidya Bhushan Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri B.K. Mishra, learned counsel for the applicant and Sri Uday Bhan, learned A.G.A. for the State.

¶2The present application has been filed to direct the court below to decide the Complaint Case No.3287 of 2018 (Vidya Bhushan Tiwari Vs. Vinay Prakash Singh), filed u/s 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act, 1881'), Police Station-Kotwali, District-Deoria, pending in the court of Civil Judge (J.D.) Court/Room No.26, Deoria, expeditiously within a stipulated period.

¶3From perusal of the record, it appears that this complaint under the Act, 1881 was filed in the year 2017.

¶4As per Section 143(2) of the Act 1881, the trial for the offence under the Act, 1881 should be conducted on day to day basis and it is further provided u/s 143(3) of the Act 1881, the trial should be concluded, within a period of six months from the date of filing of the complaint.

¶5Considering the above fact, this Court directs the Civil Judge (J.D.) Court/Room No.26, Deoria, to conclude the trial of Complaint Case No.3287 of 2018 (Vidya Bhushan Tiwari Vs. Vinay Prakash Singh), filed u/s 138 of the Act, 1881, Police Station-Kotwali, District-Deoria, as expeditiously as possible, preferably within a period of six months from the date of receipt of a certified copy of this order, strictly in accordance with the statutory provision of Sections-143(2) and 143(3) of the Act, 1881.

¶6With the aforesaid direction, the application is disposed of. Order Date :- 12.10.2023 S.Chaurasia High Court of Judicature at Allahabad