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

Court No. - 86 Case :- APPLICATION U/S 482 No. - 45206 of 2023 Applicant :- Shailesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kundan Kumar,Ruchi Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Vakalatnama filed by Shri Satya Priya Dwivedi on behalf of O.P. NO.2 is taken on record.

¶2Heard learned counsel for the applicant, learned counsel for O.P. No.2 and learned AGA for the State and perused the record.

¶3This application under Section 482 Cr.PC has been filed with a prayer to direct the court below to decide the complaint case no. 460 of 2019, Shailesh Kumar Vs. Ankit Kumar Mishra, under section 138 of N.I. Act., P.S. Saini, District Kaushambi, pending in the court of A.C.J.M., Kaushambi within stipulated period.

¶4Learned counsel for the applicant has submitted that applicant is the complainant in the instant case and has filed a complaint under Section 138 of N.I. Act on 21.10.2020, on the basis of which, the instant case has been instituted, however, despite lapse of about four years, the same has not yet been disposed of, and has been lingering on, on one pretext or the other.

¶5In view of the provision contained in Section 143(3) of the Negotiable Instruments Act, learned court below is expected to make all endeavours to decide the aforesaid case as expeditiously as possible, preferably within a period of six months from the date of filing of a certified copy of this order without giving any unnecessary adjournments to either parties, if there is no other legal impediment in deciding the aforesaid case.

¶6With the aforesaid direction, this application under Section 482 CrPC is finally disposed of. Order Date :- 12.12.2023 R High Court of Judicature at Allahabad