MONISH HASAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A483/658/2025 · 2025-08-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159176 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159176 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49375 Court No. - 11 Case :- APPLICATION U/S 483 No. - 658 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,Shifali Rajput,Syed Saad Anwar 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):-
"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. 42843/2024; Monish Hasan Versus Mohammad Taiyab, under section 190(1)(a) read with section 138 N.I. Act, relating to Police Station Hazratganj, District Lucknow 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. 42843/2024; Monish Hasan Versus Mohammad Taiyab, under section 190(1)(a) read with section 138 N.I. Act, relating to Police Station Hazratganj, District Lucknow, while positively complying the statutory proviso conferred under section 143(3) of the Negotiable Instrument Act."
3. Considering the facts and circumstances of the case as also that the complaint case in issue is pending consideration since 2024 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. 4.
4. 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