Allahabad High Court
Rajesh Kumar vs State Of U.P. Thru. Prin. Secy. Law Lko. ... on 2 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:34385
Court No. - 16
Case :- MATTERS UNDER ARTICLE 227 No. - 1926 of 2024
Petitioner :- Rajesh Kumar
Respondent :- State Of U.P. Thru. Prin. Secy. Law Lko. And 2 Others
Counsel for Petitioner :- Rakesh Mishra
Counsel for Respondent :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
1. On the last date i.e. on 22.04.2024, keeping in view that the instant petition has been filed for disposal of an application, a copy of which has been placed on page-53 of the paper-book the order was passed, directing the first appellate court to submit a report with regard to pendency of the said application. The order appears to have been passed assuming that the copy of the application, pertaining to which the writ petition has been filed, is not certified one, however, on re-consideration, it is found that the application for disposal of which the instant petition has been filed is pending before the first appellate court and a certified copy of the same has been placed on record as Annexure-3 (page-53 of the paper-book). Thus, there is no need to call for any report from the appellate court in this regard.
2. Heard learned counsel for the petitioner as well as learned AGA for the State and perused the record.
3. This petition, under Article 227 of the Constitution of India, seeks the following reliefs:-
i. issue an order or direction commanding the opposite party no-2 to decide application dated 8/8/2023, contained as annexure no. 3, for releasing amount ten lacs compensation in favour of petitioner/opposite party no. 2, filed by the petitioner in criminal appeal no.109/2019, pending before opposite party no. 2, expeditiously within the stipulated time as may be prescribed by this Hon'ble Court.
ii. issue any other.................................
iii. award the cost................................"
4. Learned counsel for the petitioner submits that the petitioner is a complainant and had filed a complaint under section 138 of the Negotiable Instruments Act and, after full-fledged trial, the respondent no. 3 was convicted by the trial court for committing an offence under the Negotiable Instruments Act vide judgment and order dated 13.03.2019 and, while sentencing the respondent no. 3 to one year simple imprisonment, he was also directed to pay a fine of Rs. 14 Lac out of which Rs.10 Lac was directed to be paid to the complainant (petitioner herein) as compensation. It is next submitted that against the aforesaid order, the respondent no. 3 had preferred Appeal No. 109 of 2019 under section 374 CrPC before the Sessions Judge, Lucknow which has been admitted vide order dated 12.04.2019. An application was also filed by the petitioner-complainant before the first appellate court, requesting the release of compensation of Rs.10 Lac, granted in his favour by the trial court, as compensation.
5. Perusal of extract of the order-sheet placed on record would reveal that the said application is pending yet.
6. Having regard to the order intended to be passed, the service of notice pertaining to the instant proceedings, so far as respondent no. 3 is concerned, is dispensed with as the intended order with regard to expeditious disposal of the appeal or the application would not be against the interest of the respondent no. 3.
7. Having considered all the above facts, the instant petition filed by the petitioner-complainant is disposed of finally with a direction to the respondent no. 2-Additional District Judge/Additional Sessions Judge, Court No.8, Lucknow or the Presenting Judge of the court where the Appeal No. 109 of 2019 might have been transferred, to make all-out efforts/endeavors to dispose of the appeal itself or application dated 08.08.2023, as the case may be, within two months from the date a certified copy of this order is produced/filed before it, strictly in accordance with law, if there is no legal impediment.
Order Date :- 2.5.2024
MVS/-
