Neutral Citation No. - 2025:AHC-LKO:18615 Court No. - 12 Case :- APPLICATION U/S 483 No. - 286 of 2025 Applicant :- Raj Kapoor Yadav Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kuldeep Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard 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.1,00,000/- vide cheque no. 924562 dated 04.12.2017 to opposite party No.2, which was encashed by him and in lieu thereof, opposite party no. 2 had written mortgaged deed for three years relating to land Khasra No. 549 area 1.6170 hectare situated at village Bahrava Pargan Badi Tehsil Sidhauli, District Sitapur thereafter opposite party no. 2 did not follow the terms and condition of the mortgaged deed. When the applicant demanded his money of Rs.1,00,000/-, opposite party no. 2 had give a cheque of Rs.1,00,000/- vide cheque No. 21.11.2022, 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 17.06.2023 and date was fixed for 27.10.2023 for appearance of opposite party No.2 and the case was put up for 17.01.2024 on the said date counsel for opposite party no. 2 was not present despite being service of notice and the matter was further posted for 16.04.2024 and further the case was posted for 22.08.2024, 15.10.2024, 13.01.2025 and 01.03.2025. 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 01.03.2025 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 June, 2023, 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 :- 3.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench