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2025 DAILYLAW 109126 (ALL)

MITHAS CAFE THROUGH PROPRIETOR KARAMATULLAH v. STATE OF U.P. AND ANOTHER

A483/2422/2024 · 2025-01-09

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5798 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2422 of 2024 Applicant :- Mithas Cafe Through Proprietor Karamatullah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alauddin,Fakhruddin 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.18326 of 2023 (Mithas Cafe through Proprietor Vs. Aqabal Husain) under Section 138 Negotiable Instrument Act, Police Station Dumariyaganj, District Siddhath Nagar pending in the Court of Chief Judicial Magistrate, Siddharth 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 has been submitted by the learned counsel for the applicant that the said complaint case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in the year 2023 and summoning order was passed on 11.9.2023 against the accused / opposite no.2. Thereafter, several dates were fixed by the trial court, but the accused / opposite party no.2 did not appear in the matter. Order has been passed to issue bailable warrant and thereafter non-bailable warrant against the accused, but the accused / opposite party no.2 has not appeared before the trial court and the trial court is continuously issuing non-bailable warrant against the accused / opposite party no.2, but he is not appearing in the case which resulted into delay in trial. Complaint is pending since 2023 and the complainant / applicant is running to the court on each and every date, but no proper and effective proceedings are being taken place and only dates are being fixed by the court concerned. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period. 4. In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the service of non-bailable warrant upon the accused / appearance of the accused before the court. It is also directed that on the date fixed by the trial court the accused person shall appear before the Court and no adjournment or exemption for appearance will normally be granted to any of the accused persons on any ground whatsoever and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the case within three months, if there is no legal impediment. 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