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2025 DAILYLAW 112337 (ALL)

MAHTAB ALAM v. STATE OF U.P. AND ANOTHER

A482/44749/2024 · 2025-03-10

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36406 Court No. - 77 Case :- APPLICATION U/S 482 No. - 44749 of 2024 Applicant :- Mahtab Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anand Prakash Dubey, learned counsel for the applicant as well as Sri Umadatt Shukla, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed with prayer to direct the learned Civil Judge (Junior Division), F.T.C., Baghpat to decide the Complaint Case No.70 of 2018 (Mahtab Alam vs. Imran), under Section 138 Negotiable Instruments Act, 1881, Police Station Binauli, District Baghpat, pending in the court of learned Civil Judge (Junior Division), F.T.C., Baghpat, within stipulated period. 3. Contention of learned counsel for the applicant is that though the opposite party no.2 was convicted under Section 138 of N.I. Act, but he had filed an appeal against conviction order, which is pending and routine adjournment are being taken by the opposite party no.2 and for that reason proceeding of appeal could not be concluded. It is also submitted that proceeding under the N.I. Act should be concluded, as expeditiously as possible, it is the mandate of N.I. Act, itself as Hon'ble Apex Court also directed In Re: Expeditious Trial of Cases under Section 138 of N.I. Act, 1881 (Suo Motu Writ Petition (Crl.) No.2 of 2020. 4. In view of above as well as considering the fact that present applicant is the complainant, who is contesting the present appeal after conviction of opposite party no.2 under Section 138 of N.I. Act, appeal is deserved to be expedited. 5. Present application is disposed of with direction to the court below to conclude the proceedings of Complaint Case No.70 of 2018 (Mahtab Alam vs. Imran), under Section 138 Negotiable Instruments Act, 1881, Police Station Binauli, District Baghpat, pending in the court of learned Civil Judge (Junior Division), F.T.C., Baghpat, as expeditiously as possible, without giving any unnecessary adjournment to either of the parties. Order Date :- 11.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad