Mohit Prajapati v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 33904 of 2023 Applicant :- Mohit Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Patel 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 to decide the Complaint Case No.132 of 2019 (Mohit Prajapati Vs. Rakesh Mishra) under Section 138 N.I. Act, P.S. Shivkuti, District Allahabad, pending in the court of Additional Civil Judge (Junior Division), Room No. 21, Allahabad.

¶3Counsel for the applicant submits that applicant is informant and initiated proceedings under Section 138 N.I. Act which is pending before the trial court since 2019 and till date complaint has not been decided whereas there is provision under the N.I. Act to complete the proceedings within six months.

¶4Considering the fact that the trial has remained pending since 2019, 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 :- 3.11.2023 Meenu Singh High Court of Judicature at Allahabad