MONISH HASAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/631/2025 · 2025-08-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157554 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157554 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47276 Court No. - 11 Case :- APPLICATION U/S 483 No. - 631 of 2025 Applicant :- Monish Hasan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mahmood Alam,Akil Imam,Mayank Dwivedi,Syed Saad Anwar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record. The instant application under Section 483 Cr.P.C. read with Section 529 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:-
"i. Issue an order or direction to the Hon'ble Court of Additional Court No. 2, Lucknow for expeditiously completing the trial of the preferred Case No. 43214/2024 under section 190(1)(a) read with section 138 N.I. Act on day-to-day basis which is pending for adjudication since about last 1 year in the Hon'ble Court of Additional Court No. 2, Lucknow whose copy of the plaint is accordingly annexed herewith as Annexure No.1 to this Application. ii. Issue an order or direction to the Hon'ble Court of Additional Court No. 2, Lucknow for expeditiously completing the trial of the preferred Case No. 43214/2024 under section 190(1)(a) read with section 138 N.I. Act while positively complying the statutory proviso conferred under section 143(3) of the Negotiable Instrument Act." Considering the facts and circumstances of the case as also that complaint case in issue is pending consideration since 2024 before the trial court and as per Section 143 of the Negotiable Instruments Act, 1881, case under Section 138 of the Act of 1881 shall be concluded expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint, the present application is disposed of with a direction to the Court concerned to decide the case in issue, expeditiously. With the aforesaid, the instant application is disposed of. Order Date :- 13.8.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench