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2025 DAILYLAW 117997 (ALL)

SHIV KUMAR SONI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME, AMETHI AND ANOTHER

A483/45/2025 · 2025-01-20

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3403 Court No. - 16 Case :- APPLICATION U/S 483 No. - 45 of 2025 Applicant :- Shiv Kumar Soni Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Amethi And Another Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard Ms. Pooja Kumari along with Ms. Arti Shukla, learned counsel for the petitioner and learned A.G.A. for the State- respondent. In view of the proposed order being passed, notice to opposite party no.2 is dispensed with. Through this petition, the petitioner has prayed for the following relief:- "Direct the court of Additional Chief Judicial Magistrate, Court No.20, Sultanpur to decide the case bearing no.2830/2023, under section 138 Negotiable Instrument Act, 1881 (Shiv Kumar Soni v. Dr. Radheshyam Saroj) pending since 20.03.2023 in the court of Additional Chief Judicial Magistrate, Court No.20, Sultanpur, within the time stipulated by this Hon'ble Court." Learned counsel for the petitioner submits that complaint case under Section 138 NI Act was filed in the year 2023. He submits the proceedings under Section 138 NI Act are liable to be completed within a period of six months as provided under Section 143(3) of N.I. Act, however, till date the matter has not been concluded. Learned counsel for the petitioner prays that in the interest of justice, the proceedings may be expedited. On due consideration to the argument advanced as well as perusal of the record, the learned trial court is directed to make an endeavour to expedite the proceedings of aforesaid case and conclude the same within a period of one year from the date of production of certified copy of this order. With the aforesaid observation, the petition is disposed of. Order Date :- 20.1.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench