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Neutral Citation No. - 2025:AHC:36707 Court No. - 77 Case :- APPLICATION U/S 482 No. - 1160 of 2025 Applicant :- Surendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Prasad Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri R. P. Tripathi, learned counsel for applicant and Shri P.P. Tiwari, learned A.G.A. for the State.
2. The present application has been filed by applicant to direct the learned Sessions Judge, Jaunpur to decide the Criminal Appeal No. 27 of 2024 (Nooruddin Ahmad Vs. State of U.P.) arising out of Complaint Case No. 70 of 2021, under Section 138 N.I. Act, P.S.- Kheta Sarain, District- Jaunpur within stipulated period.
3. Learned counsel for the applicant submitted that complaint filed under Section 138 N.I. Act against opposite party no. 2 and then conviction order was also passed, against which an appeal no. 27/2024 has been pending, that could not be decided to the non co-operation of opposite party no. 2 (applicant). It is further submitted that mandate of N.I. Act for expeditious disposal of trial will also apply for the appeal as appeal is deemed to be continuation of trial, therefore court below may be
directed to conclude the proceeding of appeal expeditiously.
4. Considering the aforesaid submission, this application is disposed of with direction to the court below to conclude the proceeding of Criminal Appeal No. 27/2024 (Nooruddin Ahmad Vs. State of U.P. and another) pending in the court of Session Judge, Jaunpur expeditiously without granting any unnecessary adjournment to either of the parties.
5. With the aforesaid direction, present application is disposed of.
Order Date :- 12.3.2025 Sharad/ Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad