Neutral Citation No. - 2025:AHC-LKO:25995 Court No. - 12 Case :- APPLICATION U/S 483 No. - 378 of 2025 Applicant :- Shivam Verma Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Homes 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. 4295 of 2022 (Radhika Ornaments Vs. Ishan Krishna Devwanshi) 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 gold and silver ornaments. The opposite party no. 2 had a business relation with the applicant. On 29.11.2021, the opposite party no. 2 purchased some silver ornaments from the applicant and issued a cheque no. 000010 dated 29.11.2021 amounting to Rs.1,55,000/- (One Lac Fifty Five Thousand only) and on 05.12.2021 again opposite party no. 2 purchased some ornaments and issued a cheque no. 000016 dated 05.12.2021 amounting to Rs.6,00,000/-. When presented both the cheques before the bank for encashment, the was dishonored and consequently legal notice was sent to opposite party No.2 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 summons, the opposite party no. 2 surrendered before the court concerned on 12.04.2023 and obtained bail. Thereafter the proceedings started and on 11.07.2023 the statement of opposite party no. 2 under Section 251 Cr.P.C. was recorded and the evidence of complainant under Section 254 Cr.P.C. was also submitted before the trial court on 19.102.2023. Thereafter the matter was fixed for cross examination of the complainant but the opposite party no. 2 or his counsel did not turn up and moved several exemption/adjournment application to linger on the matter. After a long time two years being passed opposite party no. 2 has started cross examination of complainant on 21.03.2025 but the same could not be concluded. 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 put in appearance and obtained bail and accordingly apart from the aforesaid considering that in the matter summons have been issued only on 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