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Neutral Citation No. - 2025:AHC-LKO:24508 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1280 of 2025 Applicant :- Srikant Yadav Opposite Party :- Ashok Kumar Pathak, Addl. Court No.6 ( N.I. Act ) Lko. Counsel for Applicant :- Prashant Shukla,Nahar Singh Chauhan Hon'ble Rajeev Singh,J.
1. Heard Shri Amitesh Kumar, Advocate holding brief of Shri Prashant Shukla, learned counsel for the applicant.
2. The present application has been filed with the prayer to summon and punish the opposite party for willful and deliberate defiance of the order dated 10.10.2023 passed by this Court in Application U/S 483 No.639/2023.
3. Learned counsel for the applicant submits that a complaint case under Section 138 of NI Act was filed in the year of 2023 but same was not being proceeded. Thereafter, application under Section 483 No.639/2023 was filed before this Court which was disposed of with the direction to the trial court to conclude proceeding, expeditiously preferably within a period of six months from the date of production of certified copy of the order and the order was served on 25.10.2023 but till today, the proceedings have not been concluded.
4. Considering the submission of learned counsel for the applicant, going through the contents of application, order of Writ Court as well as other relevant documents, it is evident that after placing the order passed by this Court, applicant never apprised the trial court by moving any application with the averment that the matter may be decided expeditiously. In such circumstances, no contempt is made out against the opposite party.
5. Accordingly, the present application is hereby disposed of with liberty to the applicant to move fresh application before the trial court for making compliance of direction of this Court dated 10.10.2023 passed in Application U/S 483 No.639 of 2023 within a period of 10 days from today. Order Date :- 29.4.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench