Ram Nayan @ Ramnayan Yadav v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 42502 of 2023 Applicant :- Ram Nayan @ Ramnayan Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjun Kumar Gautam,Narendra Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Complaint Case No.4184 of 2022 (Ram Nayan vs. Ram Kesh Sahani), under Section 138 of Negotiable Instrument Act & Section 420 I.P.C, Police Station-Raunapar, District-Azamgarh, pending before the court of Judicial Magistrate, Court No.20, Azamgarh.

¶3Learned counsel for the applicant submits that applicant has filed complaint under section 138 of Negotiable Instrument Act, which is pending since 2022 and section 138 of Negotiable Instrument Act provides that complaint should be decided within six months.

¶4Considering the fact that the trial has remained pending since 2022 without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of five months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 21.11.2023 SKD High Court of Judicature at Allahabad