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2025 DAILYLAW 173830 (ALL)

AKHLAK AHAMAD v. CIVIL JUDGE J.D. / JUDICIAL MAGISTRATE COURT NO. 1 GONDA AND ANOTHER

A483/934/2025 · 2025-11-06

Rajeev Bharti

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 934 of 2025 Court No. - 23 HON'BLE RAJEEV BHARTI, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. Learned counsel for the applicant, at the very outset, submits that inadvertently, he has impleaded Civil Judge (Junior Division)/Judicial Magistrate, Court No.1, Gonda in the array of opposite parties. Hence, he may be permitted to delete the same. Accordingly, the prayer is allowed and learned counsel for the applicant is permitted to delete the aforesaid party during course of the day. Instant application has been filed with the prayer to direct the court of learned Civil Judge (Junior Division)/Judicial Magistrate, court No.01, Gonda to decide the proceeding of complainant case no. 13650/2023 (Akhlak Ahmad versus Pankaj Saxena) under Section 138 of Negotiable Instrument Act related to Police Station- Nawabganj, District- Gonda, expeditiously within stipulated period of time. Learned counsel for the applicant submits that the matter pertains to Negotiable Instruments Act, 1881 and is pending since 2023. He added that there is a specific provision under Section 143 (3) of the Negotiable Instruments Act, 1881 that after filing of the complaint under this Act, the trial court has to make all endeavour to conclude Versus Counsel for Applicant(s) : Dhananjai Kumar Tripathi Counsel for Opposite Party(s) : Akhlak Ahamad .....Applicant(s) Civil Judge J.D. / Judicial Magistrate Court No. 1 Gonda And Another .....Opposite Party(s) the proceedings as expeditiously as possible, preferably within a period of six months from the date of filing of the complaint. Thus, ends of justice would be subserved if the trial court is directed to conclude the proceedings of the aforementioned complaint case within stipulated period of time as may be fixed by this Court. Learned A.G.A. for the State has no objection to the submissions aforesaid. In view of the aforesaid submissions and innocuous prayer made in the application, the learned Civil Judge (Junior Division)/Judicial Magistrate, Gonda is hereby directed to conclude the trial of aforementioned Complaint Case No.13650 of 2023, with expedition, preferably within a period of six months from the date of the production of certified copy of this order, in accordance with law. With the aforesaid observations, instant application stands disposed of accordingly. November 6, 2025 Shravan A483 No. 934 of 2025 2 (Rajeev Bharti,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench