Vivek Kumar and 2 Others v. State of U.P

Court No. - 89 Case :- APPLICATION U/S 482 No. - 38120 of 2023 Applicant :- Vivek Kumar And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants 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. 1173 of 2018 (Vivek Kumar vs. Deepak Kumar Pandey), under Section 138 of N.I. Act, Police Station-Kokhraj, District-Kaushambi, pending in the court of Additional Chief Judicial Magistrate, Kaushambi.

¶3Learned counsel for the applicants submitted that applicants are complainant and lodged complaint under Sections 138 of N.I. Act the same is pending since 2018, whereas, the Act provides that proceedings must be concluded within a period of six months.

¶4Considering the fact that the trial has remained pending since 2018, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case 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 four months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 1.11.2023 Aditya High Court of Judicature at Allahabad