OLUMPUS GLASSES PRIVATE LIMITED THRU. DIRECTOR VIVEK GUPTA LKO. v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A483/40/2025 · 2025-01-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116692 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116692 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2958 Court No. - 16 Case :- APPLICATION U/S 483 No. - 40 of 2025 Applicant :- Olumpus Glasses Private Limited Thru. Director Vivek Gupta Lko. Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Pratyush Anand,Manish Mishra,Pradeep Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the respondent State. Notices to respondent no.2 is dispensed with in view of the proposed order. The present application has been filed by the applicant with a prayer to direct the Additional Court No.10, Lucknow to decide Complaint Case No.81711 of 2022 pending before him expeditiously.
Learned counsel for the applicant submits that a complaint under Section 138 Negotiable Instrument Act 1881 was filed by the applicant against respondent no.2 before the learned court below on 17.8.2022, which was registered as Complaint Case No.81711 of 2022, Olumpus Glasses Pvt. Ltd. vs. New Superior Glass House. It is further submitted that respondent no.2 was summoned on 21.10.2022 to face trial under Section 138 of the N.I. Act. He appeared on 25.1.2023 only when the bailable warrants were issued against him and after appearance he was granted bail. Respondent no.2 has appeared only once on 9.6.2023 for recording his statement under section 251 Cr.P.C. Since then exemption applications are being given by respondent no.2 and are being allowed by the learned trial court and no progress in the trial has taken place. The proceedings under Section 138 N.I.Act are summary in nature.
Learned counsel for the applicant prays for expeditious disposal of the proceedings.
Learned A.G.A. has no objection to innocuous prayer of learned counsel for the applicant. Considering the above submissions advanced and perusal of the record, the application is disposed of with a direction to learned court below to expedite and complete the trial, preferably within a period of one year from the date of production of certified copy of this order.
Order Date :- 17.1.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench