Malvika Cement Pvt. Ltd. Industrial Area - I St Thru. Its Power of Attorney Sri Ramesh Kumar Shukla v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 14 Case :- APPLICATION U/S 483 No. - 909 of 2024 Applicant :- Malvika Cement Pvt. Ltd. Industrial Area - I St Thru. Its Power Of Attorney Sri Ramesh Kumar Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mool Chandra Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

¶2In view of the order which is proposed to be passed today, notice to opposite party No.2 is dispensed with.

¶3The only innocuous prayer made in the present application filed under Section 483 Cr.P.C. is that the Additional Chief Judicial Magistrate-III, Court No.13, Raibareli be directed to decide the Complaint Case No.185 of 2017, under Section 138 Negotiable Instrument Act, 1881, Police Station Kotwali, District Raibareli, expeditiously and preferably within a time bound manner.

¶4Learned counsel for the applicant has submitted that the trial is not being completed because adjournments have been granted frequently. Therefore, he has prayed to issue a direction to dispose of the aforesaid case in a time bound manner.

¶5Learned A.G.A., on the other hand, has opposed the aforesaid prayer and has placed reliance upon the judgment rendered by Hon'ble Apex Court in the case of High Court Bar Association, Allahabad vs. State of U.P. and ors : 2024 1 UPLBEC 545.

¶6Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the entire record, it appears that no substantial progress has been made so far to conclude the aforesaid complaint case.

¶7Therefore, to secure ends of justice, the present application is finally disposed of with the direction to the concerned court below to dispose of the aforesaid case expeditiously keeping in view the provisions contained in Sections 143(2) and 143(3) of N.I. Act, without granting any unnecessary adjournment to the parties, in accordance with law if there is no other legal impediment. (Ajai Kumar Srivastava-I, J.) Order Date :- 19.12.2024 A.Dewal High Court of Judicature at Allahabad, Lucknow Bench