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2025 DAILYLAW 132093 (ALL)

SARVESH KUMAR SINGH v. ADDL. CHIEF JUDICIAL MAGISTRATE IVTH LKO. AND ANOTHER

A483/291/2025 · 2025-04-05

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19700 Court No. - 12 Case :- APPLICATION U/S 483 No. - 291 of 2025 Applicant :- Sarvesh Kumar Singh Opposite Party :- Addl. Chief Judicial Magistrate Ivth Lko. And Another Counsel for Applicant :- Navneet Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Navneet Kumar Mishra, learned counsel for the applicant as well as learned A.G.A. for the State. 2. In view of the proposed order notice to opposite party no. 2 is dispensed with. 3. Learned counsel for the applicant by means of present application has prayed for expeditious disposal of Complaint Case No. 116948 of 2022, under Section 138 of the Negotiable Instruments Act, Police Station - Vikas Nagar, District - Lucknow, pending before the Additional Chief Judicial Magistrate IVth, Lucknow. 4. Learned counsel for the applicant submits that the applicant and opposite party no. 2 are friends and due to personal requirement opposite party no. 2 requested the applicant to pay Rs.5,00,000/- as he is in urgent need. The applicant paid the said amount through Overdraft Account No. 40913966048, dated 12.04.2022, drawn on State Bank of India, Behata Saboli Branch, Lucknow and again on the request of opposite party no. 2, applicant paid Rs.6,00,000/- though Cheque No. 000825906 dated 29.06.2022. After three months opposite party no. 2 issued Cheque No. 000013 dated 02.11.2022, amounting to Rs.11,00,000/-. The applicant presented the said cheque for encashment and same was dishonoured due to insufficient funds, hence present complaint was filed on 01.12.2022 and since then same is pending consideration before the Additional Chief Judicial Magistrate IVth, Lucknow. It is prayed that in the interest of justice, learned trial Court may be directed to conclude the proceedings of Complaint Case No. 116948 of 2022, expeditiously. 5. Learned Standing Counsel has no objection to the prayer made by the applicant. 6. In view of above, learned trial Court is directed to make every endeavour to conclude and decide the proceedings of Complaint Case No. 116948 of 2022, under Section 138 of the Negotiable Instruments Act, Police Station - Vikas Nagar, District - Lucknow, expeditiously, in accordance with law. 7. With the above directions, the application stands disposed of. Order Date :- 5.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench