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2025 DAILYLAW 135532 (ALL)

RAKESH KUMAR @ RAKESH KUMAR YADAV v. STATE OF U.P. THRU. ITS SECY. HOME LKO. AND 2 OTHERS

A483/341/2025 · 2025-04-28

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24990 Court No. - 12 Case :- APPLICATION U/S 483 No. - 341 of 2025 Applicant :- Rakesh Kumar @ Rakesh Kumar Yadav Opposite Party :- State Of U.P. Thru. Its Secy. Home Lko. And 2 Others Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Pramod Kumar, 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. 3 is dispensed with. 3. Learned counsel for the applicant by means of present application has prayed for expeditious disposal of Criminal Case No. 9959 of 2022 - Rakesh Kumar Vs. Krishna Dev Verma, under Section 138 of the Negotiable Instruments Act, Police Station - Hanswar, District - Ambedkar Nagar, pending before the Additional Chief Judicial Magistrate, Court No. 21, Sultanpur. 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 lend some amount as he desired to buy a car. The applicant gave Rs.2,85,000/- to opposite party no. 3. After few months opposite party no. 3 gave Cheque No. 686871 dated 09.02.2022, amounting to Rs.02,85,000/-. The applicant presented the said cheque for encashment and same was dishonoured due to insufficient funds, hence after giving legal notice on 04.05.2022, present complaint was filed on 21.06.2022 5. It is next submitted by learned counsel for the applicant that since 2022, the aforesaid case is pending consideration before the Additional Chief Judicial Magistrate, Court No. 21, Sultanpur. It is prayed that in the interest of justice, learned trial Court may be directed to conclude the proceedings of Criminal Case No. 9959 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. 9959 of 2022 - Rakesh Kumar Vs. Krishna Dev Verma, under Section 138 of the Negotiable Instruments Act, Police Station - Hanswar, District - Ambedkar Nagar, expeditiously, in accordance with law. 8. With the above directions, the application stands disposed of. Order Date :- 28.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench