Pandey Automobiles Through Proprietor Nagendra Nath Pandey v. State of U.P. and Another

Court No. - 85 Case :- APPLICATION U/S 483 No. - 1008 of 2023 Applicant :- Pandey Automobiles Through Proprietor Nagendra Nath Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Rai Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J. Heard learned counsel for the applicant and learned A.G.A. for the State. By means of the present application under Section 483 Cr.P.C., the applicant has sought for a suitable direction to the Chief Judicial Magistrate, Siddharth Nagar to consider and decide Complaint Case No. 266 of 2016 (Pandey Automobiles Vs. Jai Prakash Pandey) under Section 138 of N.I. Act, Police Station Dumariyaganj, District Siddharth Nagar within time stipulated by this Court. It was submitted by learned counsel for the applicant that applicant has filed a complaint under Section 138 of N.I. Act in the year 2016 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. No useful purpose would be served in keeping the application pending, which is finally disposed off with a direction to Chief Judicial Magistrate, Siddharth Nagar to consider and decide the aforesaid complaint case expeditiously, in accordance with provisions contained in Section 143(2) & 143(3) of Negotiable Instrument Act, subject to full co-operation by the applicant, provided there is no other legal impediment. Order Date :- 11.12.2023 Mohit High Court of Judicature at Allahabad