Maheshwar Prasad Tiwari v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 36080 of 2023 Applicant :- Maheshwar Prasad Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Tripathi,Abhishek Singh,Ajeet Kumar Singh 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.941 of 2016 (Maheshwar Prasasd Tiwari vs. Shailesh Kumar Kannoujiya), under Section 138 of Negotiable Instrument Act, Police Station-Shahpur, District-Gorakhpur, pending before the court of Civil Judge (Senior Division), Court No.1/Additional Chief Judicial Magistrate, Gorakhpur.

¶3Learned counsel for the applicant submits that applicant has filed complaint under section 138 of Negotiable Instrument Act, which is pending since 2016 and the provision provides that complaint should be decided within six months.

¶4Considering the fact that the trial has remained pending since 2016, 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 four months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 13.12.2023 SKD High Court of Judicature at Allahabad