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2025 DAILYLAW 139467 (ALL)

VIKASH KUMAR VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AMETHI AND ANOTHER

NA529/22/2025 · 2025-05-16

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30999 Court No. - 12 Case :- APPLICATION U/S 529 BNSS No. - 22 of 2025 Applicant :- Vikash Kumar Verma Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Amethi And Another Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. C. M. Application No.2 of 2025 for recall of order dated 16.5.2025. 1. Heard learned counsel for the applicant as well as learned A.G.A. on behalf of the State. 2. The cause shown is sufficient. Application is allowed. 3. Order dated 16.5.2025 is recalled. The petition is restored to its original number. Order on memo 1. Heard Ms. Arti Shukla, learned counsel for the applicant and the A.G.A. on behalf of the State. 2. Present application under Section 483 Cr.P.C. has been filed for early disposal of complaint case No.8368 of 2025 (Vikash Kumar Verma Vs. Jitendra Kumar) pending in the court of Civil Judge (S.D.) First/Additional Chief Judicial Magistrate, Sultanpur. 3. It has been submitted on behalf of the applicant that a complaint was lodged by the applicant stating that he had advanced an amount of Rs.2,10,000/- to opposite party No.2 in cash but the same was never returned by opposite party No.2. It is further stated that opposite party No.2 had given a cheque to the applicant of the aforesaid amount which 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 aforesaid compliant under Section 138 of N.I. Act cognizance of which was taken by the trial court. 3. A perusal of the order sheet indicates that the complaint case has just been registered vide order dated 24.4.2025 and next date fixed in the case is 24.5.2025. In the aforesaid circumstances the present application has been moved for expeditious disposal of the complaint filed by the applicant which is too early. 4. 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. 5. 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 the aforesaid complaint case has just been registered in which even summons have not been issued, 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. 6. Accordingly, the application under Section 483 Cr.P.C. stands dismissed. (Alok Mathur, J.) Order Date :- 23.5.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench