Krishna Pratap Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 483 No. - 661 of 2023 Applicant :- Krishna Pratap Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Prashansa Singh,Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, 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 Civil Judge, (Senior Division)-II, Ayodhya (old Faizabad) to decide the Complaint Case No.10541of 2017 (Krishna Pratap Singh vs. Anil Kumar Yadav), under Section 138 of Negotiable Instruments Act, 1881, Police Station-Maharajganj, District-Faizabad (now Ayodhya), within a period stipulated by this Court. Learned counsel for the applicant submits that Complaint Case No.10541of 2017, under Section 138 of N.I. Act was filed in the Court of learned Civil Judge, (Senior Division)-II, Faizabad( now Ayodhya), which is still 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 has 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 Complaint Case No.10541of 2017, 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 :- 16.10.2023/Manoj K. High Court of Judicature at Allahabad, Lucknow Bench