Ishwar Chandra Yadav v. State of U.P., Thru. Prin. Secy. Home, Deptt. U.P. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 483 No. - 724 of 2023 Applicant :- Ishwar Chandra Yadav Opposite Party :- State Of U.P., Thru. Prin. Secy. Home, Deptt. U.P. Lko. And Another Counsel for Applicant :- Atul Kumar Yadav,Anoop Vajpayee Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the material on record.

¶2Instant application has been filed with the prayer to direct the learned Civil Judge (Junior Division)/Judicial Magistrate, Tanda, District-Ambedkar Nagar to decide the Complaint Case No.631 of 2021 under Section 138 of Negotiable Instrument Act, Police Station Malipur, District Ambedkar Nagar within a period stipulated by this Court.

¶3Learned counsel for the applicant submits that Complaint No. 631 of 2021 under Section 138 of N.I. Act was filed in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Tanda, District-Ambedkar Nagar 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 :- 8.11.2023/-Amit K-High Court of Judicature at Allahabad, Lucknow Bench