Neutral Citation No. - 2025:AHC-LKO:13679 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 603 of 2025 Applicant :- Tarique Ajij Opposite Party :- Ram Kumar Second, Special Addl. Court No.7 Lko. Counsel for Applicant :- Brijesh Kumar Yadav,Surya Prakash Hon'ble Manish Kumar,J. The present contempt application has been preferred for alleged non compliance of the judgment and order dated 19.12.2023 passed in Application U/S 482 No. 12355 of 2023. The relevant extract of the same is quoted hereinbelow:- "As far as prayer made by learned counsel for the applicant to grant liberty to the applicant to file bail application and the same may be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra), liberty is given to the applicant to move bail application before the trial court and the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). It is expected from the concerned court to dispose of the case expeditiously after taking note of Section 143 of the Negotiable Instruments Act, 1881, which says that trial court shall make all endeavour to decide the case within a period of six months. With the aforesaid observations, the present petition is disposed of." Learned counsel for the applicant has submitted that this Court has passed judgment and order dated 19.12.2023 directing the learned court below to decide the proceedings within a period of six months and despite the service on 05.04.2024, the matter has yet not been decided. It is further submitted that lastly, on 16.01.2025, the next date fixed is 10.03.2025. The learned court below is willfully and intentionally disobeying the order passed by this Court. After hearing the learned counsel for the applicant and going through the record of the case, it is found that the applicant served the copy of the judgment and order dated 19.12.2023, for the first time on 05.04.2024 i.e about more than three and half months. Thereafter, the short dates were fixed but the lawyers were abstaining from judicial work and the applicant did not appear. The applicant appeared on 05.06.2024 when the order of non bailable warrant was issued by the court on 17.05.2024 and the bail application was decided by granting bail to the applicant. Thereafter, the objection was filed by the complainant on 06.09.2023 against which the opportunity was given to the applicant for filing objection but the same was filed after about three months when the order dated 26.11.2024 was passed that the last opportunity is given to the applicant for filing objections. Thereafter the case was listed on 16.01.2025 on that date, an application was moved on behalf of the applicant for exemption of his presence, so from the order-sheet, it is revealed that the applicant if so desire to get the matter decided within a period of six months, he should have informed about the judgment and order in time and appeared before the Court on the first date and submit his reply, when for the first time the time was granted for filing objection. The conduct of the applicant is not as such that he was at all interested in getting the matter decided within a period of six months, as discussed above. The Court while passing the judgment and order dated 19.12.2023 in Application U/S 482 No. 12355 of 2023 has only said that it is expected from the concerned court that it shall make an endeavour to decide the case within a period of six months. There is no positive direction for the concerned court by passing the judgment and order dated 19.12.2023. As discussed above, the applicant was not keenly interested to get the matter decided within six months. The litigant cannot dictate the terms for conclusion of the trial. It is not on the whims of the litigant. Under these circumstances, no contempt is made out. The present contempt application is frivolous and is liable to be dismissed, hence the same is dismissed. Order Date :- 6.3.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench