Sher Singh v. State of U.P. and Another

Court No. - 85 Case :- APPLICATION U/S 483 No. - 1319 of 2023 Applicant :- Sher Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Bhushan Prasad Shrivastava 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 Judicial Magistrate, Court No. 11, Deoria to decide the Case No. 5224 of 2020 (Sher Singh Vs.Yogeshwar Paswan) under Section 138 of N.I. Act, Police Station Rampur Karkhana, District Deoria 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 in the year 2020 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 off with a direction to the learned Judicial Magistrate, Court No. 11, Deoria 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 :- 12.12.2023 PS High Court of Judicature at Allahabad