SUNITA YADAV v. ADDL. CHIEF JUDICIAL MAGISTRATE IVTH, ROOM NO. 21, SULTANPUR AND ANOTHER
/4701/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155681 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155681 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45444 Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 4701 of 2025 Petitioner :- Sunita Yadav Respondent :- Addl. Chief Judicial Magistrate Ivth, Room No. 21, Sultanpur And Another Counsel for Petitioner :- Alok Kirti Mishra Counsel for Respondent :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Roopa Singh, Advocate holding brief of Shri Alok Kirti Mishra, learned counsel for the petitioner and Smt. Kamlesh Kumari, learned A.G.A. for the State.
2. The instant application has been filed seeking direction to the opposite party No.01 i.e. Additional Chief Judicial Magistrate IV, Room No.21, District Sultanpur to decide the Complaint No.3034 of 2022 filed under Section 138 of N.I. Act (Sunita Yadav Versus Arvind Kumar Tiwari) expeditiously.
3. Keeping in view of the nature of the relief sought and the
order proposed to be passed, there is no need to issue notice to the respondent No.2.
4. Learned counsel for the petitioner has submitted that the aforesaid complaint was filed by the petitioner on 05.11.2022. The accused appeared before the trial court on 30.11.2023. A perusal of the order sheet of the trial court indicates that on various dates the proceedings have been adjourned without assigning any reason and even the order of adjournment is not written and simply the next date is written on the order sheet.
5. Section 143(3) of the Negotiable Instruments Act provides that every trial under this Section shall be conducted as expeditiously as possible and an endeavour shall be made to
conclude the trial with six month from the date of filing of the complaint.
6. The repeated adjournment of the complaint without assigning any reason and not disposing of the same expeditiously cannot be appreciated by this Court.
7. Keeping in view of the aforesaid discussion, the writ petition is disposed of with a direction to the respondent No.01 i.e. Additional Chief Judicial Magistrate IV, Room No.21, District Sultanpur to proceed with the Complaint No.3034 of 2022 filed under Section 138 of N.I. Act (Sunita Yadav Versus Arvind Kumar Tiwari) expeditiously without granting any unnecessary adjournment to any of the parties and to make every endeavour to conclude the same keeping in view of the statutory mandate contained under Section 143(3) of the N.I. Act.
Order Date :- 5.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench