Vipin Kumar Samaiya vs Shobit Kumar Samaiya
2023 Latest Caselaw 11671 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                 ON THE 25 th OF JULY, 2023
                                              MISC. PETITION No. 3855 of 2023

                           BETWEEN:-
                           VIPIN KUMAR SAMAIYA S/O SHRI VIMAL KUMAR
                           SAMAIYA, AGED ABOUT 47 YEARS, OCCUPATION:
                           BUSINESSMAN   SECOND   FLOOR   VIDYASAGAR
                           COMPLEX TILAK WARD DISTRICT JABALPUR
                           (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (BY SHRI SATYAM AGRAWAL - ADVOCATE)

                           AND
                           SHOBIT KUMAR SAMAIYA S/O LATE SHRI VIREMDRA
                           KUMAR SAMAIYA HOUSE NUMBER 1481 SHUKRAWARI
                           BAJARIYA BHANWARTAL DISTRICT       JABALPUR
                           CURRENT RESIDENT BEHIND BHANWARTAL GARDEN
                           KHUSHI PLAZA NAIPIER DISTRICT JABALPUR
                           (MADHYA PRADESH)

                                                                                       .....RESPONDENT


                                 This petition coming on for admission this day, th e court passed the

                           following:
                                                             ORDER

The petitioner's grievance is that he is a complainant in a matter under Section 138 of the Negotiable Instruments Act. Respondent Shobit Kumar Samaiya was convicted. Against the judgment of conviction dated 26.09.2019 passed by learned Judicial Magistrate First Class, Jabalpur in Criminal Complaint Case No.1270 of 2010, appeal is filed by the accused Shobit Samaiya before the Court of learned 4th Additional Sessions Judge, Jabalpur Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 25-07-2023 19:23:32

which is registered as Crimainal Appeal No.253 of 2019.

It is submitted that learned 4th Additional Sessions Judge is sitting tight over the appeal since, 2019 and has not decided the appeal causing prejudice to the petitioner.

This petition can be disposed of with a direction to the learned 4th ASJ, Jabalpur not to adjourn this case any further and decide the appeal within a period of thirty days from the date of receipt of certified copy of this order, if the appeal is not already decided. It is made clear that this Court has not observed anything on the merits of the appeal.

In the above terms the petition is disposed of.

(VIVEK AGARWAL) JUDGE ks

Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 25-07-2023 19:23:32