KULDEEP VERMA v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A483/342/2025 · 2025-05-06
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135644 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135644 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26261 Court No. - 14 Case :- APPLICATION U/S 483 No. - 342 of 2025 Applicant :- Kuldeep Verma Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and Ms. Tanvi Jain, learned AGA appearing for the State. Present case has been preferred under Section 483 Cr.P.C./529 B.N.S.S. with following main prayer:-
" Issue a suitable order or direction commanding the learned Court below to decide the present criminal case bearing Criminal Case No. 9900/2023 (currently), "Kuldeep Vs. Anil Bhaskar" U/ss 138 Negotiable Instrument Act, PS Kotwali Nagar, District Sultanpur, currently pending before learned Additional Chief Judicial Magistrate 21, Sultanpur expeditiously within such period as may be stipulated by this Hon'ble Court in the interest of justice"
Brief facts of the present case are that the applicant has moved an application under Section 138 of Negotiable Instrument Act against the respondent no. 2 who had given him a cheque of Rs. 6 lakhs, which was bounced. In this regard, case is pending since the year 2023 before the court concerned whereas Section 143 (3) of the Negotiable Instrument Act provides that the proceedings of Section 138 of Negotiable Instrument Act must preferably be concluded within a period six months but in the present case, the Court concerned is given general dates though six months period has already expired in the month of February, 2024. In support of his
submissions, he placed reliance upon the judgments rendered by Hon'ble Supreme Court in the cases of Indian Bank Association and others Vs. Union of India and others (2014) 5 SCC 590 and Makwana Mangaldas Tulsidas Vs. State of Gujarat and another (2020) 4 SCC 695. After arguing at some length, learned counsel for the applicant has confined his prayer to the extent that a direction may be issued to the Court concerned to decide the case of the applicant within the time, as this Court may deem fit and proper. Learned AGA has no objection to the prayer made by learned counsel for the applicant. After hearing learned counsel for the applicant, learned AGA for the State and going through the statutory provision stipulated in Section 143 (3) of the Negotiable Instrument Act, it is directed to the Court of Additional Chief Judicial Magistrate 21, Sultanpur to decide the case of the applicant bearing no. Criminal Case No. 9900/2023 (Currently) Kuldeep Vs. Anil Bhaskar" in the period prescribed under Section 143 (3) of the Negotiable Instrument Act, in accordance with law after giving opportunity of hearing
to the parties concerned and without providing any unnecessary adjournment to either of the parties, if any adjournment is sought by either of the parties, only short dates may be given.
Order Date :- 6.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench