Shailendra Kumar v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 38903 of 2023 Applicant :- Shailendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

¶2The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned Addl. Civil Judge (Junior Division), Court No. 21, Allahabad to decide Complaint Case No. 2360 of 2019 (Shailendra Kumar Vs. Muktesh Kumar), under Section 138 of N.I. Act, P.S. Shivkuti, District-Allahabad expeditiously within stipulated period.

¶3Learned counsel for the applicant has submitted that applicant is the complainant in the present case and he had filed an application under Section 138 of N.I. Act on

30.10.2019, on the basis of which, the instant case has been instituted, however, the said case is pending disposal for the last more than 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 Addl. Civil Judge (Junior Division), Court No. 21, Allahabad 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 observations, the application u/s 482 Cr.P.C. is finally disposed of. Order Date :- 20.11.2023 KU High Court of Judicature at Allahabad