Petition seeking expeditious conclusion of a cheque-dishonour complaint under Section 138 of the Negotiable Instruments Act pending before the trial court at Sultanpur since 2023. The High Court disposed of the petition, directing the trial court to decide the complaint per Section 143(3).
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Neutral Citation No. - 2025:AHC-LKO:15473
Court No. - 16
Case :- APPLICATION U/S 483 No. - 235 of 2025
Applicant :- Azim Ahamad Khan Opposite Party :- Addl. Chief Judicial Magistrate, Room 21, Sultanpur And Another Counsel for Applicant :- Sudhir Kumar Misra,Abhilash Mishra,Gaurav Singh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the Staterespondent.
Notices to respondent no.2 is dispensed with in view of the proposed order.
Through this petition, the petitioner has prayed for the following relief:-
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned trail court below i.e. Additional Chief Judicial Magistrate, Room 21, Sultanpur to expedite and conclude the trail of Criminal Misc Case No.9034 of 2023 i.e. Crl. Complaint No.2575 of 2023 "Azim Ahamad Khan v/s Jai Narayan" under section 138 of the Negotiable Instrument Act pending before the court of opp. Party No.1 against the opp. Party No.2 with in a period stipulated by this Hon'ble Court, in the interest of justice.
Any other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case may also be passed in favor of the petitioner."
Learned counsel for the petitioner submits that the case under Section 138 N.I. Act was filed in the year 2023. The proceedings are going on at a very slow pace.
Perused the record.
On due consideration to the submissions advanced and perusal of the record, the petition is disposed of with a direction to learned court below to make an endeavour to decide the complaint case filed under Section 138 N.I.Act as per the provisions of Section 143 (3) N.I.Act.
Order Date :- 12.3.2025 Madhu D.R/P.S
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the trial court be directed to expedite and conclude the Section 138 NI Act complaint pending since 2023?
2 provisions across 1 enactments
Azim Ahamad Khan
Addl. Chief Judicial Magistrate, Room 21, Sultanpur
Jai Narayan
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
