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2025 DAILYLAW 107396 (ALL)

SUNIL VISHWAKARMA v. STATE OF U.P. AND ANOTHER

A483/2102/2024 · 2025-01-09

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6708 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2102 of 2024 Applicant :- Sunil Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the complaint case no. 725 of 2017 (Sunil Vishwakarma Vs. Shri Ramvijay Vishwakarma) under Section 138 Negotiable Instrument Act, Police Station Kotwali City, District Muzaffar Nagar pending in the Court of Civil Judge (S.D.), Court No.1, Muzaffar Nagar, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant is complainant in this case. The accused / opposite party no.2 had earlier preferred an Application u/s 482 Cr.P.C. No. - 8375 of 2018, which was disposed of vide order dated 15.3.2018 with a direction to the accused to submit the application for compounding of the offence within a stipulated period of time before the trial court and till then no coercive measures shall be adopted against the accused. It is further submitted that in compliance of the said order, no application for compounding of the offence was moved by the accused / opposite party no.2 and rather he again preferred an Application u/s 482 Cr.P.C. No. - 24893 of 2022 and again liberty was given by the coordinate Bench of this Court vide order dated 23.9.2022 to appear before the court concerned and to seek compounding of the offence. It is also submitted that even after the repeated orders passed by this Court, no compliance has been made by the opposite party no.2, rather he remained absent in the court and coercive process were issued against him and still the matter is pending at the stage of appearance. It is also submitted that this case relates to complaint case of year 2017 under section 138 of the Negotiable Instrument Act. It is also submitted that one Application u/s 482 Cr.P.C. No. - 20335 of 2024 was also moved by the same accused / opposite party no.2 and the matter was referred for mediation by the coordinate Bench of this Court vide order dated 22.10.2024. It is also submitted that no amount has been deposited for the sake of mediation by opposite party no.2 / accused so far. The coordinate Bench clarified the situation that if the applicant fails to submit the receipt of the deposited amount relating to mediation before the court concerned, the court shall be free to proceed against the applicant. 4. In view of that and keeping in view the facts and circumstances of the case and also that the matter is very old, the learned trial court is directed to ensure the service of punitive process upon the accused / opposite party no.2 which are ordered to be sent against him and in any case his appearance may be procured within three months from today and thereafter all endeavour shall be made by the learned trial court for the expeditious disposal of the case within a period of six months thereafter. 5. With the above observations, the application stands disposed of. Order Date :- 9.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad