VINOD KUMAR PRAJAPATI v. STATE OF U.P. AND ANOTHER
A227/12704/2025 · 2025-10-16
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[ 2025 DAILYLAW 193231 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193231 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12704 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondent, and perused the material available on record.
2. The instant petition has been preferred seeking a direction to the court below to expeditiously decide Complaint Case No. 21543 of 2017, titled Vinod Kumar v. Pankaj Dixit, pending under Section 138 of the NI Act,
1881.
3. It is submitted by learned counsel for the petitioner that the complaint was filed on 25.04.2017, and despite the lapse of considerable time and multiple dates being fixed, the trial has not yet been concluded. This delay is contrary to the law laid down by the Supreme Court as well as by this Court in Application U/S 482 No. 861 of 2024 and various other decisions, wherein it has been consistently held that proceedings under Section 138 of the NI Act should be concluded expeditiously and in a time-bound manner. Delay in such matters defeats the very object and purpose of the enactment. Learned counsel for the petitioner has also drawn attention to Section 143A of the NI Act, which empowers the trial court to grant interim compensation during the pendency of proceedings.
4. In view of the above, the instant petition is disposed of with a direction to the court concerned to make all endeavours to conclude the proceedings of Complaint Case No. 21543 of 2017 expeditiously, without granting any unnecessary adjournments. In case any application under Section 143A has been filed or is filed, the trial court shall decide the same in accordance with law, preferably within one month from the date of its filing. The trial court Versus Counsel for Petitioner(s) : Rajeev Sawhney Counsel for Respondent(s) : G.A. Vinod Kumar Prajapati .....Petitioner(s) State of U.P. and Another .....Respondent(s)
shall also ensure that any order passed under Section 143A is executed in true letter and spirit. October 17, 2025 Anil K. Sharma A227 No. 12704 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad