MOHD. SHAN SALEEM v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
NA529/32/2025 · 2025-07-03
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148886 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148886 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37412 Court No. - 27 Case :- APPLICATION U/S 529 BNSS No. - 32 of 2025 Applicant :- Mohd. Shan Saleem Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and learned AGA appearing for the State. Present case has been preferred under Section 483 Cr.P.C./529 B.N.S.S. with following main prayer:-
" Issue a direction to the opposite party no. 2 expedite disposed of the Crl. Case No. 1530/2024 MOhd. Shan Saleem Vs. Shobha Pandey arising out of Under Section 138 of Negotiable Instruments Act, Police Station Kotwali Nagar, District Sultanpur which is pending in the Court of Additional Chief Judicial Magistrate Room No. 21 Sultanpur District Sultanpur within short and reasonable period prescribed by this Hon'ble Court in the interest of justice"
Learned counsel for the applicant submits that the case of the applicant under Section 138 of Negotiable Instruments Act is pending before the Court of Additional Chief Judicial Magistrate Room No. 21, Sultanpur since 20.02.2019 whereas Section 143 (3) of the Negotiable Instrument Act provides that the proceedings of Section 138 of Negotiable Instrument Act must preferably be concluded within a period six months but in the present case, the Court concerned is given general dates though six months period has already expired in the month of
20.08.2019. In support of his submissions, he placed reliance upon the judgments rendered by Hon'ble Supreme Court in the cases of Indian Bank Association and others Vs. Union of India and others (2014) 5 SCC 590 and Makwana Mangaldas Tulsidas Vs. State of Gujarat and another (2020)
4 SCC 695. After arguing at some length, learned counsel for the applicant has confined his prayer to the extent that a direction may be issued to the Court concerned to decide the case of the applicant within the time, as this Court may deem fit and proper. Learned AGA has no objection to the prayer made by learned counsel for the applicant. After hearing learned counsel for the applicant, learned AGA for the State and going through the statutory provision stipulated in Section 143 (3) of the Negotiable Instrument Act, it is directed to the Court of Additional Chief Judicial Magistrate Room No. 21, Sultanpur to decide the case of the applicant bearing no. Criminal Case No. 1530 of 2024 Mohd Shan Saleem Vs. Shobha Pandey" in the period prescribed under Section 143 (3) of the Negotiable Instrument Act, in accordance with law after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties, if any adjournment is sought by either of the parties, only short dates may be given.
Order Date :- 3.7.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench