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Neutral Citation No. - 2025:AHC:48414 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 10860 of 2025 Applicant :- Umesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amresh Chandra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Harindra Prasad (AOR No.A/H0083/2012), holding brief of Sri Amresh Chandra Upadhyay learned counsel for the applicant, as well as learned A.G.A. for the State/O.P. No.1.
2. In view of the order, which is being proposed to be passed, notices are not being issued to O.P. No. 2.
3. The sole prayer made in the present application is to direct the Chief Judicial Magistrate, Budaun/Court below to expedite the proceedings in Complaint Case No.39016 of 2023, (Umesh Vs. Asha Devi), under Section 138 of the N.I. Act, P.S. Civil Lines, District Bundaun, pending in the Court of Chief Judicial Magistrate, Budaun. Learned counsel for the applicant submits that a time bound direction be issued for expeditious disposal of the complaint case.
4. Learned A.G.A. has no objection to the same.
5. Considering the submissions, the application is being disposed of requiring the court of learned Chief Judicial Magistrate, Budaun to decide the Complaint Case No.39016 of 2023, (Umesh Vs. Asha Devi), under Section 138 of the N.I. Act, P.S. Civil Lines, District Bundaun, pending before it, in terms of the mandate contained under sub-section (3) of Section 143 of the N.I. Act, 1881, the
order is subject to legal impediment, if any.
6. Passing of this order may not be construed that this Court has adjudicated the matter on merits.
Order Date :- 5.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad