Pankaj Meheshwari v. State of U.P. and 3 Others

Court No. - 92 Case :- APPLICATION U/S 482 No. - 35771 of 2023 Applicant :- Pankaj Meheshwari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Syed Irfan Ali Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Mohd. Naushad, Advocate holding brief of Mohd. Syed Irfan Ali, learned counsel for the applicant and Sri Pankaj Srivastava, learned AGA for the State.

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the learned Trial Court to decide the Complaint Case No.366 of 2022 (Pankaj Maheshwari vs. M/s. Maa Vishnu Construction and others), under Section 138 of Negotiable Instrument Act, P.S. Cantt, District Prayagraj, expeditiously within the stipulated period.

¶3Learned counsel for the applicant submits that the instant complaint case is pending since 23.05.2022 and more than one and half years have passed but the trial has not yet been concluded. Learned counsel for the applicant pointing out the provisions of Section 143 of Negotiable Instrument Act submits that the proceedings under Section 138 of Negotiable Instrument Act are required to be concluded within a period of six months. Therefore, he has prayed for a direction for expeditious disposal of the said complaint case.

¶4Having regard to the provisions of Section 143 of Negotiable Instrument Act, learned AGA did not oppose the prayer made by the applicant herein.

¶5Considering the facts and circumstances of the case and specifically the provisions of Section 143 of Negotiable Instrument Act, the Trial Court is directed to make an endeavor to decide the above case in accordance with the provisions of Section 143 of Negotiable Instrument Act expeditiously without granting any unnecessary adjournment to the parties concerned.

¶6With the aforesaid observation, the instant application is disposed of. Order Date :- 21.11.2023 Ashish Pd. High Court of Judicature at Allahabad