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2025 DAILYLAW 170113 (ALL)

HARISHCHANDRA BAJPAI v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/918/2024 · 2025-01-13

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2163 Court No. - 16 Case :- APPLICATION U/S 483 No. - 918 of 2024 Applicant :- Harishchandra Bajpai Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for petitioner as well as learned Additional Government Advocate for State. Notice to respondent No.2 is dispensed with in view of the proposed order. The present 483 Cr.P.C. petition has been filed for a direction to the trial court to expedite Case No.6277 of 2013 Harischandra versus Shiv Kumar under section 138 Negotiable Instrument Act, pending in the court of Addl. Court, Court No.4, Lucknow. Learned counsel for the petitioner submits that the applicant is complainant in Case No.6277 of 2013 (Supra). It is submitted that the said case is pending since 2013 and till date even the charges have not been framed. It is submitted that the proceedings under Section 138 Negotiable Instrument Act are summary in nature. It is next submitted that as per statutory mandate provided under Section 143 Negotiable Instruments Act, the trial is liable to be expedited within a period of six months. In view of the submission(s) made on behalf of the petitioner and perusal of the record, the trial court is directed to expedite the proceedings at an early date, preferably within a period of six months from the date of production of a certified copy of this order. Learned counsel for the petitioner undertakes not to take any unnecessary adjournment. With the aforesaid direction, this application is disposed of. Order Date :- 13.1.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench