ANOOP KUMAR VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A483/304/2025 · 2025-04-11
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132465 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132465 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21169 Court No. - 12 Case :- APPLICATION U/S 483 No. - 304 of 2025 Applicant :- Anoop Kumar Verma Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Vinod Kumar Tiwari,Devesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Vinod Kumar Tiwari, 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 Criminal Case No. 60 of 2022 - Anoop Kumar Vs. Krishnanand Tiwari, under Section 138 of the Negotiable Instruments Act, Police Station - Gosaiganj, District - Sultanpur, pending before the the Civil Judge (Senior Division)/Judicial Magistrate, Room No. 31, Sultanpur. 4. Learned counsel for the applicant submits that opposite party no. 2 offered to sell his land to the applicant, which offer was accepted by the applicant and sale consideration was determined to be Rs.32,00,000/-. It was also decided that after receiving the entire amount at the end of July, 2021, the opposite party no. 2 will execute sale deed in favour of applicant and applicant paid Rs.4,00,000/-. Thereafter Rs.27,00,000/- was also paid by applicant to opposite party no. 2. After payment of entire amount, the applicant asked the opposite party no. 2 to execute sale deed in his favour, to which he adopted delaying tactics. On opposite party no. 2 being reluctant to execute sale deed in favour of applicant, he demanded return of consideration of Rs.32,00,000/-. The opposite party no. 2 after lots of deliberation gave a cheque of Rs.25,00,000/- to the applicant being Cheque No. 093705 and another cheque of Rs.7,00,000/- being cheque no. 006510. When the applicant deposited the said cheques in the bank for encashment, same were dishonored. The applicant gave legal notice to opposite party no. 2, but he did not made any payment. Hence, the applicant filed the aforesaid case in the year 2022 before the Court concerned, and since then same is pending consideration before the Court. 5. It is next submitted by learned counsel for the applicant that since 2022, the aforesaid case is pending consideration before the Civil Judge (Senior Division)/Judicial Magistrate, Room No. 31, Sultanpur.
It is prayed that in the interest of justice, learned trial Court may be directed to conclude the proceedings of Criminal Case No. 60 of 2022, expeditiously. 6. Learned Standing Counsel has no objection to the prayer made by the applicant. 7. In view of above, learned trial Court is directed to make every endeavour to conclude and decide the proceedings of Criminal Case No. 60 of 2022 - Anoop Kumar Vs. Krishnanand Tiwari, under Section 138 of the Negotiable Instruments Act, Police Station - Gosaiganj, District - Sultanpur, pending before the the Civil Judge (Senior Division)/Judicial Magistrate, Room No. 31, Sultanpur, expeditiously, in accordance with law. 8. With the above directions, the application stands disposed of. Order Date :- 11.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench