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Court No. - 73 Case :- APPLICATION U/S 482 No. - 41569 of 2024 Applicant :- Narayan Datt Tawari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Ajay Kumar Upadhyay, learned counsel for the applicant as well as Sri S.K. Singh, learned A.G.A. for State.
2. This application U/s 482 Cr.P.C. has been filed for a direction to the Addl. Chief Judicial Magistrate-V Jaunpur to decide the trial of Case No. 2057 of 2018 (Narayan Datt Tiwari vs. Harishankar Mishra), under Section 138 of N.I. Act, P.S. Khutahan, District Jaunpur expeditiously within a time bound period.
3. Learned counsel for the applicant herein had earlier approached this Court in an Application U/s 482 Cr.P.C. No. 18592 of 2024 (Narayan Datt Tawari vs. State of U.P. and another) in which on 16.07.2024 the following order was passed:
"1. Heard Sri Ajay Kumar Upadhyay, learned counsel for the applicant and Sri Jitendra Kumar, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking a direction to the court below for expeditious disposal of Case No. 2057 of 2018 (Narayan Datt Tiwari vs. Harishankar Mishra), under Section 138 N.I. Act, Police Station-Khutahan, District-Jaunpur.
3. After some arguments, considering the facts that talks of negotiation between parties is going on for settlement, in view thereof, the applicant do not wish to press the instant application and prays that the same may be dismissed as withdrawn.
4. As prayed, the instant application is dismissed as withdrawn."
4. Learned counsel for the applicant has invited the attention so as to show on 4.07.2024, the court noticed the fact that the mediation was unsuccessful. Thus, the applicant herein prays for expeditious disposal of the present case.
5. Learned A.G.A. submits that has no objection to the same.
6. Considering the submissions made across the bar, the
application stands disposed of requiring the court Addl. Chief Judicial Magistrate, Jaunpur decide the Case No. 2057 of 2018 (Narayan Datt Tiwari vs. Harishankar Mishra), under Section 138 of N.I. Act, P.S. Khutahan, District Jaunpur, after hearing the respective parties with most expedition within a period of five months from the date of production of a certified copy of this
order, without granting unnecessary adjournment that too not beyond a period of 10 days at a stretch subject to legal impediment.
7. Passing of this order may not be construed that this Court has adjudicated the matter on merits.
Order Date :- 20.3.2025 C. MANI ( Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad