Ramlakhan Rajbhar v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 35725 of 2023 Applicant :- Ramlakhan Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra,Prakash Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2This application under Section 482 CrPC has been filed with a prayer to direct the Judicial Magistrate-IIIrd, Gorakhpur to decide the Complaint Case No. 1934 of 2015 (Ramlakhan Vs. Durga), under Section 138 of Negotiable Instruments Act, Police Station Khorabar, District Gorakhpur within stipulated period.

¶3Learned counsel for the applicant has submitted that applicant is the complainant and he has filed an application under Section 138 of N.I. Act on 09.07.2015, on the basis of which, the instant complaint case has been instituted, however, despite lapse of more than eight years, the same has not yet been disposed of.

¶4In view of the provision of Section 143(3) of the Negotiable Instruments Act, learned court below is expected to make all endeavours to decide the aforesaid complaint case as expeditiously as possible, preferably within a period of four months from the date of filing of a certified copy of this order without giving any unnecessary adjournments to either parties, if there is no other legal impediment in deciding the aforesaid complaint case.

¶5With the aforesaid direction, this application under Section 482 CrPC is finally disposed of. Order Date :- 30.10.2023 Nadim High Court of Judicature at Allahabad