Neutral Citation No. - 2025:AHC-LKO:17299 Court No. - 12 Case :- APPLICATION U/S 483 No. - 246 of 2025 Applicant :- Monish Hasan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mahmood Alam,Akil Imam,Mayank Dwivedi,Syed Saad Anwar,Umang Gupta Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Mahmood Alam, learned counsel for the applicant, learned A.G.A. on behalf of the State and perused the material available on record. 2. It has been submitted on behalf of the applicant that a complaint was lodged by the applicant stating that he had given an amount of Rs.1,75,00,000/- to opposite party No.2 towards purchase of property and opposite party no. 2 cheated the applicant and the said money was never returned by him. It is further stated that opposite party No.2 had given a cheque to the applicant of the amounting to Rs.90,00,000/- as part payment of the aforesaid amount which was dishonored and consequently legal notice was sent to opposite party No.2 and despite expiry of the given period when the payment was not made the applicant had filed a compliant under Section 138 of N.I. Act cognizance of which was taken by the trial court. 3. A perusal of the order sheet indicates that summons were issued firstly on 31.07.2024 and date was fixed for 29.10.2024 for appearance of opposite party No.2 and the case was put up for 19.12.2024 on the said counsel for opposite party no. 2 was not present despite being service of notice and the matter was further posted for 24.12.2024 and further the case was posted for 28.02.2025. It is in aforesaid circumstances that the present application has been moved for expeditious disposal of the complaint filed by the applicant. 4. In support of his submission learned counsel for the applicant has submitted hat as per Section 143 (2) it has been provided that trial in this section shall be conducted as expeditiously as possible and endeavor shall be made to conclude the trial within a period of six months from the date of filing of the complaint. 5. From a bare perusal of the aforesaid provisions it is clear that undoubtedly, the trial has to be conducted expeditiously and endeavor should be made to conclude the trial within six months from the date of filing of the complaint. Aforesaid provision clearly indicates that time limit for conclusion of a trial is clearly directory and not mandatory. Apart from the above, considering the aforesaid provision, we find that summons have been issued and the opposite party No.2 has not put in appearance. Lastly, on 28.02.2025 even the applicant did not appear before the trial court and accordingly apart from the aforesaid considering that in the matter summons have been issued only in July, 2024, no ground for interference is made out. Also, considering that there is huge pendency in the courts of Judicial Magistrates who have been dealing with the matters under Section 138 of N.I.Act, no direction for expediting the trial can be issued at this stage. 6. Subsequently, in case the applicant feels that the trial is unduly being delayed, liberty is granted to him to move appropriate application before the trial court itself, which shall consider and dispose of the said application with expedition whenever the same is filed. 7. Subject to aforesaid direction, the application under Section 483 Cr.P.C. stands disposed of. . (Alok Mathur, J.) Order Date :- 26.3.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench