Sumit Khatana v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 36568 of 2023 Applicant :- Sumit Khatana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Singh,Shiv Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard Sri Sandeep Kumar Prajapati holding brief of Sri Umesh Singh, learned counsel for the applicant, learned A.G.A for the State and 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.3161 of 2023, under Section 138 of NI Act, Police Station-Nauchandi, District-Meerut, pending before the ACJM-I, Meerut.

¶3Learned counsel for the applicant submitted that applicant is complainant and lodged complaint against opposite party no.2 under Section 138 of NI Act, the same is pending since 2018 as opposite party is not co-operating in the trial proceedings but under the provision, the case should be decided within 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 :- 6.11.2023 Nitin Verma High Court of Judicature at Allahabad