Mohd. Farman v. State of U.P. and 2 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 44819 of 2023 Applicant :- Mohd. Farman Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Saiyad Iqbal Ahmed 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 ACJM-V, Moradabad for early decision of Complaint Case No.18031 of 2021 CNR NO.UPMO04023572-2021), under Section 138 of NI Act.

¶3Learned counsel for the applicant submitted that applicant is complainant and instant proceedings U/s 138 of NI Act is pending since 2021 as opposite party is not co-operating in the trial proceedings. More than two years have passed but proceeding is not completed. Whereas Act itself provides that complaint lodged U/s 138 of N.I. Act must be concluded within six months.

¶4Considering the fact that the trial has remained pending since 2021. 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 :- 15.12.2023 Nitin Verma High Court of Judicature at Allahabad