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2025 DAILYLAW 159084 (ALL)

KAILASH ENTERPRISES THRU. ITS PROPRIETOR SUNIL KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

A483/661/2025 · 2025-08-22

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49369 Court No. - 11 Case :- APPLICATION U/S 483 No. - 661 of 2025 Applicant :- Kailash Enterprises Thru. Its Proprietor Sunil Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Applicant :- Pramod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record. 2. The instant application has been preferred for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned court below i.e. the Court of Extra Court Room No. 7, Lucknow to expedite and conclude the trial of Complaint No. 84239 of 2022 "Kailash Enterprises Versus Mis. Vanshika Pandey & another", under section 138 of Negotiable Instrument Act, related to Police Station- Ashiyana, District-Lucknow, within a period stipulated by this Hon'ble Court." 3. From the record, it appears that earlier the applicant approached this Court by means of APPLICATION U/S 483 No. 185 of 2024 (Kailash Enterprises Thru. Its Proprietor Sunil Kumar Singh vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others) and this Court upon finding no sufficient ground disposed of the said application vide order dated 14.03.2024. 4. Considering the aforesaid and also that the complaint case in issue is pending consideration since September, 2022 before the trial court concerned and as per Section 143 of the Negotiable Instruments Act, 1881, the proceedings instituted 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 case and also taking note of observations made by the Hon'ble Apex Court in the case(s) of Maneka Gandhi Versus Union of India and Another, (1978) 1 SCC 248; Hussainara Khatoon Versus Home Secretary, State of Bihar, (1980) 1 SCC 81 and Kadra Pahadiya and Others Versus State of Bihar, (1981) 3 SCC 671, regarding expeditious disposal of cases, the present application is disposed of with a direction to the court concerned to consider and decide the complaint case in issue, expeditiously. 5. With the aforesaid, the instant application is disposed of. Order Date :- 22.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench