Mohd. Shams Ahmad v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 41311 of 2023 Applicant :- Mohd. Shams Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Swatantra Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2This application under Section 482 CrPC has been filed with a prayer to direct the Additional Civil Judge (J.D.)- Ist/Judicial Magistrate, Jaunpur to decide the Complaint Case No. 5819 of 2023 (Mohd. Shams Ahmad Vs. Ashish Singh), under Section 138 of Negotiable Instruments Act, Police Station Kotwali, District Jaunpur within stipulated period.

¶3Learned counsel for the applicant has submitted that applicant is the complainant and he has filed an application under Section 138 of N.I. Act on 16.02.2023, on the basis of which, the instant case has been instituted, however, despite lapse of about eight months, the same has not yet been disposed of.

¶4In view of the provision of Section 143(3) of the Negotiable Instruments Act, learned court below is expected to make all endeavours to decide the aforesaid case as expeditiously as possible, preferably within a period of six months from the date of filing of a certified copy of this order without giving any unnecessary adjournments to either parties, if there is no other legal impediment in deciding the aforesaid case.

¶5With the aforesaid direction, this application under Section 482 CrPC is finally disposed of. Order Date :- 8.11.2023 Subham High Court of Judicature at Allahabad