Neutral Citation No. - 2025:AHC-LKO:25980 Court No. - 12 Case :- APPLICATION U/S 483 No. - 380 of 2025 Applicant :- Shivam Verma Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Durgesh Gupta,Jatin Raheja,Shobhit Harsh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicant, learned A.G.A. on behalf of the State and perused the material available on record. 2. By means of the present application under Section 483 Cr.P.C., the applicant has prayed for expeditious disposal of Complaint Case No. 4294 of 2022 (Radhika Ornaments Vs. Pankaj Rastogi) under Section 138 of the Negotiable Instruments Act, 1881, Police Station Chowk, District Lucknow pending in the court of learned Special Court, Negotiable Instruments Act, 1881, Lucknow. 3. It has been submitted on behalf of the applicant that a complaint was lodged by the applicant stating that the applicant is a proprietor of a firm namely Radhika Ornaments which deals in retail and wholesale selling of god and silver ornaments. The opposite party no. 2 had business relation with the applicant. The opposite party no. 2 purchased silver ornaments from the applicant amounting to Rs.2,30,000/-. He paid Rs.40,000/- in cash and issued a cheque no. 126826 dated 05.12.2021 amounting to Rs.1,90,000/- (Rs. One Lac Ninety Thousand only) which was dishonoured and consequently legal notice was sent to opposite party No.2 on 20.12.2021 and despite expiry of the given period when the payment was not made the applicant had filed a compliant under Section 138 of N.I. Act cognizance of which was taken by the trial court. 4. A perusal of the order sheet indicates that summons were issued firstly on 03.06.2022 and after the summon the opposite party no. 2 surrendered before the trial court and granted bail. Thereafter the statements of opposite party no. 2 was recorded under Section 251 Cr.P.C. on 07.11.2023 and the evidence of the complainant in form of statement under Section 254 Cr.P.C. was submitted before the trial court on 16.01.2024. Thereafter the matter was fixed for cross examination of complainant but the opposite party no. 2 and his counsel moved exemption application to linger on the matter and after a long time of two years, the cross examination of the opposite party no. 2 has not been made. The opposite party no. 2 is not participating in the legal proceedings. It is in aforesaid circumstances that the present application has been moved for expeditious disposal of the complaint filed by the applicant. 5. In support of his submission learned counsel for the applicant has submitted hat as per Section 143 (2) it has been provided that trial in this section shall be conducted as expeditiously as possible and endeavor shall be made to conclude the trial within a period of six months from the date of filing of the complaint. 6. From a bare perusal of the aforesaid provisions it is clear that undoubtedly, the trial has to be conducted expeditiously and endeavor should be made to conclude the trial within six months from the date of filing of the complaint. Aforesaid provision clearly indicates that time limit for conclusion of a trial is clearly directory and not mandatory. Apart from the above, considering the aforesaid provision, we find that summons have been issued and the opposite party No.2 has not put in appearance. Lastly, the case was listed on 16.01.2024, the opposite party no. 2 did not appear before the trial court and accordingly apart from the aforesaid considering that in the matter summons have been issued only in 03.06.2022, no ground for interference is made out. Also, considering that there is huge pendency in the courts of Judicial Magistrates who have been dealing with the matters under Section 138 of N.I.Act, no direction for expediting the trial can be issued at this stage. 7. Subsequently, in case the applicant feels that the trial is unduly being delayed, liberty is granted to him to move appropriate application before the trial court itself, which shall consider and dispose of the said application with expedition whenever the same is filed. 8. Subject to aforesaid direction, the application under Section 483 Cr.P.C. stands disposed of. . (Alok Mathur, J.) Order Date :- 5.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench