Sanchetna Financial Services Pvt. Ltd. Thru. Its Authorized Signatory Sri Uma Shankar v. State of U.P. Thru. Secy. Home Lko. and 2 Others

Court No. - 12 Case :- APPLICATION U/S 483 No. - 842 of 2023 Applicant :- Sanchetna Financial Services Pvt. Ltd. Thru. Its Authorized Signatory Sri Uma Shankar Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Applicant :- Dharmendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

¶2The present application under Section 483 Cr.P.C. has been filed with the prayer to direct the learned court below to decide the Case No.4463 of 2019, under Section 138 of N.I. Act (Sanchetna Financial Services Pvt. Ltd. Vs. Sukant Jain).

¶3Learned counsel for the applicant has submitted that petition under the provisions of N.I. Act is pending since 2019 as due to carelessness of the police authorities, the summons as well as bailable warrants are not being served on the private respondent, as a result, trial of the case in question is not proceeded. He next submitted that Hon'ble Apex Court in the case of Indian Bank Association Vs. Union of India reported in 2014 5 SCC 590 & Ram Dhari Pal Vs. State of U.P. reported in 2023 SCC Online 2051 has already issued certain guidelines for expedite disposal of the complaint case under Section 138 of the N.I. Act, therefore, indulgence of this Court is necessary.

¶4Learned A.G.A. does not dispute the guidelines issued by the Hon'ble Apex Court and he has no objection, in case, a direction for expeditious disposal of the case has been issued.

¶5Considering the arguments of learned counsel for the parties and going through the records, it is evident that present case is pending since 2019, therefore, learned court below is directed to expedite and conclude the trial of the case in question, as expeditiously as possible, in accordance with the law.

¶6With the aforesaid direction, the present application under Section 483 Cr.P.C. is disposed of.

¶7Commissioner of Police, Lucknow is directed to ensure the service on the private respondent. Order Date :- 22.12.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench