Narendra Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 483 No. - 638 of 2023 Applicant :- Narendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Applicant :- Ashish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the material on record. Instant application has been filed with the prayer to direct the learned Court of Additional Chief Judicial Magistrate-Kunda, District Pratapgarh to decide the Complaint Case bearing no. 131 of 2019 under Section 138 of Negotiable Instrument Act, 1881, Police Station-Manikpur, District-Pratapgarh filed by petitioner against opposite party no. 2 within a stipulated period of time. Learned counsel for the applicant submits that Complaint No. 131 of 2019 under Section 138 of N.I. Act was filed in the Court of Additional Chief Judicial Magistrate-Kunda, District Pratapgarh and that is pending consideration. He added that there is a specific provision under Section 143 (3) of the Negotiable Instruments Act, 1881 that after filing of the complaint under this Act, the trial court has to make all endeavour to conclude the proceedings as expeditiously as possible, preferably within a period of six months from the date of filing of the complaint. Thus, he submits that the trial court may be directed to conclude the proceedings of the aforementioned complaint case within stipulated period of time as may be fixed by this Court. Learned A.G.A. for the State and learned counsel for the opposite party no.2, have no objection to the submissions aforesaid. In view of the aforesaid submissions and innocuous prayer made in the application, the trial court is hereby directed to conclude the trial of aforementioned Complaint Case with expedition, preferably within a period of six months from the date of the production of certified copy of this order, in accordance with law. With the aforesaid observations, instant application stands disposed of accordingly. Order Date :- 10.10.2023 Anurag High Court of Judicature at Allahabad, Lucknow Bench