Bashir Ahmad v. State of U.P

Court No. - 89 Case :- APPLICATION U/S 482 No. - 43883 of 2023 Applicant :- Bashir Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Tiwari 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.520 of 2022 (Bashir Ahmad vs. Mohammad Yakub Khan), under Section 138 of Negotiable Instrument Act, Police Station-Kotwali, District-Gorakhpur, pending in the court of Civil Judge (Junior Division), Court No.8, Gorakhpur.

¶3Learned counsel for the applicant submits that applicant has filed complaint under section 138 of Negotiable Instrument Act, which is pending since 2022. Opposite party no.2 is not cooperating with the proceeding and Negotiable Instrument Act provides that complaint filed under section 138 Negotiable Instrument Act 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 six months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 1.12.2023 SKD High Court of Judicature at Allahabad