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2025 DAILYLAW 140064 (ALL)

VIJAY KUMAR MAHAJAN v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND ANOTHER

A483/404/2025 · 2025-05-15

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28680 Court No. - 29 Case :- APPLICATION U/S 483 No. - 404 of 2025 Applicant :- Vijay Kumar Mahajan Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Vivek Kumar Rai,Ajai Kumar,Vinayak Pathak Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. Instant application has been filed with the following prayers:- "i) issue an appropriate order ог direction commanding the Learned Court of Additional Court No. 11, Lucknow to decide the complaint under section 138 of Negotiable Instrument Act, 1881 bearing Complaint No. 3487 of 2022 titled as Vijay Kumar Mahajan versus Ashish Kumar Gupta expeditiously within a time frame. ii) Issue appropriate an order or direction commanding the Learned Court of Additional Court No. 11, Lucknow to take all endeavour to conclude the trial of Complaint No. 3487of 2022 titled as Vijay Kumar Mahajan versus Ashish Kumar Guptaas per the direction given by the Hon'ble Supreme Court in AIR 2014 SC 2528 Indian Bank Association & others versus Union of India & others." 3. Learned counsel for the applicant submits that Complaint No. 3487 of 2022 under Section 138 of N.I. Act was filed in the Court of Additional Court No. 11, Lucknow and that is pending consideration. He added that there is a specific provision under Section 143 (3) of the Negotiable Instruments Act, 1881 that after filing of the complaint under this Act, the trial court has to make all endeavour to conclude the proceedings as expeditiously as possible, preferably within a period of six months from the date of filing of the complaint. Thus, he submits that the trial court may be directed to conclude the proceedings of the aforementioned complaint case within stipulated period of time as may be fixed by this Court. 4. Learned A.G.A. for the State and learned counsel for the opposite party no. 2, have no objection to the submissions aforesaid. 5. In view of the aforesaid submissions and innocuous prayer made in the application, the trial court is hereby directed to conclude the trial of aforementioned Complaint Case with expedition, preferably within a period of six months from the date of the production of certified copy of this order, in accordance with law. 6. With the aforesaid observations, instant application stands disposed of accordingly. Order Date :- 15.5.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench