Kanhaiya Singh v. State of U.P. and Another

Court No. - 85 Case :- APPLICATION U/S 483 No. - 1346 of 2023 Applicant :- Kanhaiya Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J. Heard learned counsel for the applicant and learned A.G.A. for the State. By means of the present application under Section 483 Cr.P.C., the applicant has sought for a suitable direction to the learned Judicial Magistrate, Court No.11, Deoria to consider and decide Complaint Case No. 8039/2021 (Kanhaiya Singh Vs. Tarun Kumar Singh), under Section 138 of N.I. Act within time stipulated by this Court. It was submitted by learned counsel for the applicant that applicant has filed a complaint under Section 138 of N.I. Act in the year 2021 but the same has not been decided so far due to which, applicant is suffering irreparable loss. Learned counsel further submits that a direction may be issued to the concerned Court to decide the same within specific time. No useful purpose would be served in keeping the application pending, which is finally disposed off with a direction to Judicial Magistrate, Court No.11, Deoria to consider and decide the aforesaid complaint case expeditiously, in accordance with law, preferably within a period of six months from the date of presentation of certified copy of this order, provided there is no other legal impediment. Order Date :- 6.11.2023 Mohit High Court of Judicature at Allahabad