VIRAT DISTRIBUTOR THRU. ITS PROPRIETOR MOHD. FAZIL v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
A483/442/2025 · 2025-05-27
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141434 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141434 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:31979 Court No. - 12 Case :- APPLICATION U/S 483 No. - 442 of 2025 Applicant :- Virat Distributor Thru. Its Proprietor Mohd. Fazil Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Ghufran Khan,Muzaffar Zulfiqar Naqvi Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
2. In view of the proposed order notice to opposite party no. 2 is dispensed with.
3. Learned counsel for the applicant by means of present application has prayed for expeditious disposal of Complaint Case No. 79312 of 2021, under Section 138 of the Negotiable Instruments Act, Police Station - Saadatganj, District - Lucknow, pending before the Special Judge/Additional Court, NI Act, Court No. 12, Lucknow.
4. Learned counsel for the applicant submits that the applicant and opposite party no. 2 are engaged in supply of flour and sugar and in relation to business transactions opposite party no. 2 was required to pay Rs.7,09,231/- to the applicant. The opposite party no. 2 paid Rs.4,21,000/- through Cheque No. 007202 dated 07.09.32021, drawn on State Bank of India, Saadatganj Branch, Lucknow. The applicant presented the said cheque for encashment and same was dishonoured due to
"payment block". The applicant sent legal notice to opposite party no. 2, and when cheque amount was not paid, present complaint was filed on 29.09.2021.
5. It is next submitted by learned counsel for the applicant that since 2021, the aforesaid case is pending consideration before the Special Judge/Additional Court, NI Act, Court No. 12, Lucknow. It is prayed that in the interest of justice, learned trial Court may be directed to conclude the proceedings of Complaint Case No. 79312 of 2021, expeditiously.
6. Learned Standing Counsel has no objection to the prayer made by the applicant.
7. In view of above, learned trial Court is directed to make
every endeavour to conclude and decide the proceedings of Complaint Case No. 79312 of 2021, under Section 138 of the Negotiable Instruments Act, Police Station - Saadatganj, District - Lucknow, expeditiously, in accordance with law.
8. With the above directions, the application stands disposed of. Order Date :- 27.5.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench