Sushil Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 483 No. - 698 of 2023 Applicant :- Sushil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amit Kumar Singh,Virijendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard Sri Virijendra Kumar Singh, learned counsel for the applicant, Sri B.N. Nishad, learned A.G.A. for the State and perused the material on record.

¶2Instant application has been filed with the prayer that this Hon'ble court may kindly be pleased to direct the Additional court Faizbad/Ayodhya to decide the complaint Case No. 1913/22, U/S 138 of NI Act P.S. Purakalandar Faizabad, (Sushil Kumar Vs Sandeep Tiwari) pending before Additional Court Faizabad/Ayodhya as expeditious as possible or within a period as stipulated by this Hon'ble Court.

¶3Learned counsel for the applicant submits that Complaint No. 1913 of 2022 under Section 138 of N.I. Act was filed in the Court of Additional Court Faizabad/Ayodhya 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.

¶4Learned A.G.A. for the State and learned counsel for the opposite party no. 2, have no objection to the submissions aforesaid.

¶5In 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.

¶6With the aforesaid observations, instant application stands disposed of accordingly. Order Date :- 1.11.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench