Azeemuddin Khan v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 36320 of 2023 Applicant :- Azeemuddin Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Prakash 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.35757 of 2022 (Azeemuddin versus Mohd. Rafi), under Section 138 Negotiable Instrument Act, Police Station Kotwali, District Moradabad, pending before the Additional Court, 138 N.I. Act, Moradabad.

¶3Learned counsel for the applicant submitted that applicant is complainant and lodged complaint against opposite party no.2, under Section 138 Negotiable Instrument Act, the same is pending since 2022 as opposite party is not co-operating in the trial proceedings. It is next submitted that proceeding under Section 138 Negotiable Instrument Act must be completed within six months, whereas, one year have been passed.

¶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 four months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 23.11.2023 I.A.Siddiqui High Court of Judicature at Allahabad