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2025 DAILYLAW 150200 (ALL)

MOHD. DANISH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A483/526/2025 · 2025-07-14

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39991 Court No. - 12 Case :- APPLICATION U/S 483 No. - 526 of 2025 Applicant :- Mohd. Danish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri P.K.Pandey, learned counsel for the applicant and learned AGA. Considering the nature of order proposed to be passed, requirement of issuance of notice to the respondent no.2 is dispensed with. This application under Section 483 Cr.P.C. has been filed for disposal of Complaint Case No.12621/2022(Mohd. Danish versus Mohd. Rafi) under Section 138 of Negotiable Instrument Act 1881, Police Station Gadaganj, District Raebareli pending in the court of Additional Civil Judge-II (S.D.)/ Additional Chief Judicial Magistrate, Raebareli expeditiously within some stipulated period. The applicant has filed the order sheet of 12.08.2020 and 22.10.2024 to 16.04.2025. The order dated 16.04.2025 indicates that the court had granted last opportunity to the respondent no.2 observing that in case he would not appear on the next date, coercive proceedings will be undertaken against him. However, order sheet thereafter has not been filed. On a query, learned counsel for the applicant submits that respondent no.2 is not appearing. Be that as it may, this application is disposed of without entering into the merits of the case with liberty to the applicant to move application before the concerned court for expeditious disposal of the complaint case pointing out the statutory provision made under Section 12(5) of the Negotiable Instrument Act, which provides that the trial court shall endeavour to dispose of the complaint case within a period of six months from the date of filing and in case the respondent no.2 has not appeared on the subsequent dates and no coercive action has been taken by the concerned court, the concerned court shall consider the same and take decision in the same within a period of ten days from the date of filing of the application, if it is filed within a period of ten days from today and shall proceed accordingly. Even otherwise the trial court has to follow the statutory provision adopting all required means in accordance with law. Order Date :- 14.7.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench