MOHD. ISRAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A483/306/2025 · 2025-04-11
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132812 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132812 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21128 Court No. - 12 Case :- APPLICATION U/S 483 No. - 306 of 2025 Applicant :- Mohd. Israr Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sudhaker Prakash Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Sudhaker Prakash, 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. 24985 of 2021- Mohd. Israr Vs. Rahul Vaishya, under Section 138 of the Negotiable Instruments Act, Police Station - Aminabad, District - Lucknow, pending before the Additional Court No. 9, Lucknow.
4. Learned counsel for the applicant submits that the applicant had given Rs.5,00,000/- to the opposite party no. 2 as loan, against which the opposite party no. 2 had given a cheque of Rs.5,00,000/- bearing No. 016410, dated 08.02.2021, drawn on IDBI Bank, Branch Dr. B.N. Verma Road, Aminabad, Lucknow. The said cheque was submitted by the applicant to his bank for encahsment, same was dishonoured with endorsement
"insufficient funds". Thereafter, a notice was sent by the applicant through his counsel to the complainant, but no payment has been made by the complainant till date, hence case was registered by the applicant against the complainant in 2021 and since then same is pending consideration before the Additional Court No. 9, Lucknow. It is prayed that in the interest of justice, learned trial Court may be directed to conclude the proceedings of Complaint Case No. 24985 of 2021, 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. 24985 of 2021- Mohd. Israr Vs. Rahul Vaishya, under Section 138 of the Negotiable Instruments Act,
Police Station - Aminabad, District - Lucknow, expeditiously, say within six months from the date of production of certified copy of this order, in accordance with law.
7. 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