Dayashankar Yadav v. State of U.P. and Anotehr

Court No. - 88 Case :- APPLICATION U/S 482 No. - 38015 of 2023 Applicant :- Dayashankar Yadav Opposite Party :- State Of U.P. And Anotehr Counsel for Applicant :- Joveen Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record.

¶2By means of this application under Section 482 Cr.P.C., the applicant has prayed for expeditious disposal of case being Complaint Case No. 476 of 2022 (Daya Shankar Yadav Versus Gyanchandra) under Section 138 Negotiable Instrument Act, Police Station Jhusi, District Prayagraj (Allahabad), pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Allahabad within a time bound frame.

¶3It is submitted by learned counsel for the applicant that applicant is complainant in this case, who has filed complaint dated 22.02.2022 under Section 138 Negotiable Instrument Act against the accused-Gyanchandra, in which he was summoned vide order dated 04.06.2022 to face trial. Thereafter, he appeared before the trial court and obtained bail on

16.02.2023, but thereafter, on account of non-cooperation of the accused, trial is not proceeding effectively.

¶4Learned A.G.A. states that no useful purpose would be served in issuing notice to opposite party no.2 and keeping this application pending before this Court and it may be disposed of at this stage itself.

¶5Considering the limited grievance of the learned counsel for the applicant, learned trial court is directed to make an endeavour to decide the aforesaid case, as expeditiously as possible, preferably within a period of six months from the date a certified copy of this order is produced before it, if there is no legal impediment.

¶6With the aforesaid directions, this application is disposed of. Order Date :- 16.12.2023 Kashifa High Court of Judicature at Allahabad