Smt. Mala Devi v. State of U.P. and Another

Court No. - 45 Case :- APPLICATION U/S 483 No. - 1349 of 2023 Applicant :- Smt. Mala Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Manoj Kumar Dwivedi, learned counsel for the applicant and learned A.G.A. for the State.

¶2By means of the present application under Section 483 Cr.P.C., the applicants have sought for a suitable direction to the learned Additional Civil Judge, Junior Division (F.T.C.), Gorakhpur to decide the Complaint Case No.3236 of 2019 (Mala Vs. Umesh Chandra Sharma), under Section 138 of Negotiable of Instrument Act, Police Station Chiluwatal, District Gorakhpur , within time stipulated by this Court.

¶3Learned counsel for the applicants contends that the complaint case, under Section 138 of Negotiable of Instruments Act is pending since 2017 before the Additional Civil Judge, Junior Division (F.T.C.), Gorakhpur. He further submits that the matter has also been referred to the Mediation and Conciliation Centre of this Court but nothing has come out, on such facts, the prayer is made out for expeditious disposal by the trial Court.

¶4On perusal of the order-sheet, no plausible reason has transpired for non-appearance of the witnesses.

¶5In the light of the fact that the Complaint Case, under Section 138 of Negotiable of Instruments Act is pending since 2017 before the Additional Civil Judge, Junior Division (F.T.C.), Gorakhpur is directed to consider and decide the aforesaid case expeditiously on merits, in accordance with law.

¶6With the aforesaid observation, the application is disposed of. Order Date :- 7.11.2023 RKM High Court of Judicature at Allahabad