Pushplata v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 38441 of 2023 Applicant :- Pushplata Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saumitra Anand,Aman Sharma 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 Judicial Magistrate, Mau to decide the Complaint Case No. 9693/19 (Pushplata Vs. Brahmanand Yadav), under Section 138 of N.I. Act, Police Station-Kotwali, District-Mau within stipulated period.

¶3Learned counsel for the applicant has submitted that applicant is the complainant and she had filed an application under Section 138 of N.I. Act on 18.11.2019, on the basis of which, the instant case has been instituted, however, the said case is pending disposal for the last about four years and has has not yet been disposed of and has been lingering-on, on one pretext or the other

¶4In view of the provision contained in Section 143 (3) of the Negotiable Instruments Act, the Judicial Magistrate, Mau is expected to make all endeavours to decide the aforesaid case expeditiously, preferably within a period of six months from the date of filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and 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 :- 9.11.2023 KU High Court of Judicature at Allahabad