Vinod Kumar vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
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Allahabad High Court

Vinod Kumar vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 13 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:74851
 
Court No. - 14
 

 
Case :- APPLICATION U/S 483 No. - 774 of 2024
 

 
Applicant :- Vinod Kumar
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another
 
Counsel for Applicant :- Bipin Kumar Tiwari,Ashish Kumar Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajai Kumar Srivastava-I,J.
 

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

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

3. The only innocuous prayer made in the present application filed under Section 483 Cr.P.C. is that the learned trial court/ Civil Judge (Senior Division), 3rd/ A.C.J.M., Faizabad be directed to decide the Complaint Case No.366 of 2023, under Section 138 of Negotiable Instruments Act, expeditiously and preferably within a time bound manner.

4. Learned 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.

5. Learned 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.

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

7. Therefore, 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.

Order Date :- 13.11.2024

Mahesh