Ved Prakash Yadav v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 483 No. - 737 of 2023 Applicant :- Ved Prakash Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Abhishek Srivastava,Vinay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard Sri Abhishek Srivastava, 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 that if this Hon'ble Court may be pleased to direct the Ld. Court of Addl. Court No. 7, Lucknow for expeditious disposal of Complaint No. 320/2020 (Crl. Case No. 34917/2020) styled Ved Prakash Versus Meena Kumar Srivastava under Section 138 of Negotiable Instant Act, 1881 (herein after N. 1. Act for short) P. S. Gudamba Lucknow within period provided u/s 143(3) of the Negotiable Instrument Act, 1881 in the interest of justice.

¶3Learned counsel for the applicant submits that Complaint No. 320 of 2022 (Crl. Case No. 34917/2020) under Section 138 of N.I. Act was filed in the Court of Ld. Court of Addl. Court No. 7 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 has 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 :- 9.11.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench