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2025 DAILYLAW 131506 (ALL)

PRAVEEN KUMAR VERMA v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A483/285/2025 · 2025-04-03

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18629 Court No. - 12 Case :- APPLICATION U/S 483 No. - 285 of 2025 Applicant :- Praveen Kumar Verma Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Sarvesh Kumar Verma 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.25,30,000/- 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 several cheques to the applicant of the amounting to Rs.12,50,000/- as part payment of the aforesaid amount and one cheque bearing no. 000191 dated 10.04.2022 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 on 03.09.2022 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 03.09.2022 and date was fixed for 04.10.2022 for hearing and the case was put up for 22.01.2025 on the said counsel for opposite party no. 2 was not present and the case was further fixed for 11.02.2025 for adducing evidence of opposite party no. 2. 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 22.01.2025 opposite party no. 2 was not present before the trial court and accordingly apart from the aforesaid considering that in the matter summons have been issued only in October 2022, 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