Bhagwan Prasad Mishra v. State of U.P. Thru. Prin. Secy. (Home) Lko. and Another

Court No. - 14 Case :- APPLICATION U/S 483 No. - 943 of 2024 Applicant :- Bhagwan Prasad Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy.

(Home) Lko. And Another Counsel for Applicant :- Rajeev Kumar Mishra Rudra 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-opposite party No.1 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 learned trial court/ Additional Civil Judge (Junior Division)-7, Gonda be directed to decide the Complaint Case No.7472/2020 (Bhagwan Prasad Mishra vs. Bhanu Pratap Tiwari), under Section 138 Negotiable Instruments Act, 1881, Police Station Kotwali Nagar, District Gonda 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 compliant case.

¶7Therefore, to secure ends of justice, the present application is finally disposed of with the direction to the trial court concerned to dispose of the aforesaid case expeditiously keeping in view the provisions contained in Section 143(2) and 143(3) Negotiable Instruments Act, 1881, 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 :- 20.12.2024 Shubhankar High Court of Judicature at Allahabad, Lucknow Bench