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Neutral Citation No. - 2025:AHC:71857 Court No. - 80 Case :- APPLICATION U/S 483 No. - 2393 of 2024 Applicant :- Smt.Maikin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Shukla 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.17834 of 2023 (Smt. Maikin Vs. Shashank Singh Chandel) under Section 138 Negotiable Instrument Act, Police Station Bithoor, District Kanpur Nagar pending in the Court of Additional Court No.2, Kanpur 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 17.2.2023 against the accused / opposite no.2. After getting bail, the accused / opposite party no.2 is regularly 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. It is further submitted that the application under section 143-A of the Negotiable Instrument Act has been decided in favour of the complainant but the case is pending unnecessarily and no evidence has been adduced in the matter so far. 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 get the statement of the accused recorded before the court within a period of one month from the date of receiving the certified copy of this order before it and thereafter all endeavours shall be made by the court concerned for the expeditious disposal of the aforesaid complaint case, if there is no legal impediment.
5. With the above observations, the application stands disposed of. Order Date :- 29.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad