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

Court No. - 85 Case :- APPLICATION U/S 483 No. - 1345 of 2023 Applicant :- Krishna Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rameshwar Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2By means of the present application under Section 483 Cr.P.C., the applicant has sought for a suitable direction to the learned court below to consider and decide Complaint Case No. 1026 of 2021 (Krishna Kumar vs. Vijay Prakash Pandey) under Section 138 of N.I. Act, Police Station-Dhumanganj, District-Prayagraj, within time stipulated by this Court.

¶3It was submitted by learned counsel for the applicant that applicant has filed a complaint under Section 138 of N.I. Act on

27.10.2021, but the same has not been decided so far due to which, applicant is suffering irreparable loss. Learned counsel further submits that a direction may be issued to the concerned Court to decide the same within specific time.

¶4No useful purpose would be served in keeping the application pending, which is finally disposed of with a direction to court below to conclude the trial of aforesaid complaint case expeditiously, in accordance with the provisions contained in Section-143 (2) and (3) of N.I. Act, preferably within a period of six months from the date of presentation of certified copy of this order, subject to full co-operation by the applicant, if there is no other legal impediment. Order Date :- 2.12.2023 Vipasha High Court of Judicature at Allahabad