Smt. Padma Mishra v. State of U.P. and Anotehr

Court No. - 89 Case :- APPLICATION U/S 482 No. - 38067 of 2023 Applicant :- Smt. Padma Mishra Opposite Party :- State Of U.P. And Anotehr Counsel for Applicant :- Shivam Mishra,Anchal Ojha Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Complaint Case No.8312 of 2018 (Smt.Padma Mishra vs. Smt.Mili Baghchi), under Section 138 Negotiable Instrument Act, Police Station-Naini, District-Allahabad, pending before the court of learned Fast Track Court No.1, Allahabad.

¶3Learned counsel for the applicant submits that applicant earlier approached this Court to decide the proceeding initiated by applicant under section 138 Negotiable Instrument Act within stipulated time. The Hon'ble Court by order dated 28.05.2019 disposed of the application of the applicant with direction to court below to decide the proceeding within a period of three months from the date of production of certified copy of this order. Learned counsel for the applicant served the copy of the order passed by this Court on 02.07.2019. Despite order of this Court proceeding has not been concluded and again applicant has filed this application with a prayer to decide the same within stipulated time. From perusal of the order-sheet, it is apparent that P.W.-1 has been examined and case is listed for hearing.

¶4Considered the argument of both the parties. Without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to conclude the trial in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, 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. Order Date :- 13.10.2023 SKD High Court of Judicature at Allahabad