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2025 DAILYLAW 128716 (ALL)

M/S T.R.M. RESTAURANT THRU. PROPRIETOR PRAVEEN KUMAR VERMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

A227/1467/2025 · 2025-03-25

Rajnish Kumar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 11 Case :- MATTERS UNDER ARTICLE 227 No. - 1467 of 2025 Petitioner :- M/S T.R.M. Restaurant Thru. Proprietor Praveen Kumar Verma And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Ram Prakash Pandey Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. 1. Heard Shri Ram Prakash Pandey, learned counsel for the petitioners and learned A.G.A for the respondent no. 1 2. In view of the order proposed to be passed, notice to respondent nos. 2 to 3 is dispensed with. 3. Learned counsel for the petitioners submits that the application filed under the Negotiable Instruments Act by the petitioners was allowed by means of the judgment and order dated 18.05.2023 passed in Complaint Case No. 5208 of 2018 by the Presiding Officer, Additional Court No. 05, Lucknow. The same has been challenged by the respondent nos. 2 and 3 in appeal before the District and Sessions Judge, Lucknow, which has been transferred to Special Judge, P.C. Act-7, Lucknow. The case is at the stage of arguments for the last six months but neither the arguments are being heard nor the case is decided despite the repeated request made by the petitioners before the concerned court. The case is being got adjourned by the respondent nos. 2 and 3 on one or the other ground. In view of the pendency of the appeal and till the matter is not being decided, the petitioners have to pay the interest on the amount of Rs. 27,05,000/-, therefore, they are constrained to approach this Court seeking direction for expeditious disposal of the Criminal Appeal No. 151 of 2023 filed by the respondent no. 4. 4. Learned A.G.A., who opposed the prayer of the petitioners on the ground that the concerned court has imposed cost on the adjournment, submits that no direction is required at this stage. 5. In view of above, without entering into merits of the case, the petition is disposed of with liberty to the petitioners to move appropriate application for expeditious disposal of the appeal in a time bound manner showing the grounds for urgency and in case, any such application is moved by the petitioners within a period of two weeks from today, the same shall be considered by the concerned court after affording opportunity to the parties and appropriate order may be passed in accordance with law. Order Date :- 25.3.2025/Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench