ANIL KUMAR MISHRA v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
A483/219/2025 · 2025-03-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127978 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127978 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14756 Court No. - 16 Case :- APPLICATION U/S 483 No. - 219 of 2025 Applicant :- Anil Kumar Mishra Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Awanish Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondent. Notice to respondent no.2 is dispensed with in view of the proposed order. Through this petition, the petitioner has prayed for the following relief:-
"1. Issue an order or direction commanding to Learned Additional Chief Judicial Magistrate I, Court No.17, Sultanpur to decide the Complaint case no 1623/2013 "Anil Kumar Mishra Vs. Arun Kumar Mishra" pending before Learned Additional Chief Judicial Magistrate I, Court No.19, Sultanpur since `13/12/2013 expeditiously with immediate effect within one month. II. Issue any other suitable writ order or direction which this Hon'ble Court may deem, fit, just and proper under the circumstances of the case."
Learned counsel for the petitioner submits that the complaint case under Section 138 NI Act was filed in the year 2013. Trial has proceeded at a very slow pace. Statement of P.W.1 has been recorded, however, till date even after lapse of 11 years, the statement of the accused has not been recorded. The trial is going on at a very slow pace. Considering the above and the provisions contained in Section 143 N.I.Act, the petition is disposed of directing the learned trial court to make an endevour to decide the complaint case expeditiously in terms of Section 143(3) Negotiable Instruments Act, 1881
Order Date :- 11.3.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench