Court No. - 85
Case :- APPLICATION U/S 482 No. - 22471 of 2021 Applicant :- Sudheer Kumar Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Mani Counsel for Opposite Party :- G.A
Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the applicant and learned AGA for the State- respondent.
By means of the present application under Section 482 Cr.P.C., the applicant has prayed for a direction to the Additional Chief Metropolitan Magistrate-II, Kanpur Nagar to decide the Complaint Case No. 47930 of 2017 (Sudheer Kumar Shukla and others vs. M/s. Aap Enterprises) under Section 138 Negotiable Instrument Act, Police Station- Kidwai Nagar, District-Kanpur Nagar.
Learned counsel for the applicant has submitted that a complaint has been filed under Section 138 of the Negotiable Instrument Act and the court below has not followed the provision of Section 143(3) of the said Act provides as under:
"Every trial under this Section shall be conducted as expeditiously as possible and an Endeavour shall be made to conclude the trial within 6 months from the date of filing of the complaint."
A copy of the order sheet of the complaint case no. 47930 of 2007 has been filed as Annexure-2 along with the applicant's affidavit to indicate that the applicant is not causing any delay in disposal of the suit for some reason or the other. The case could not be decided finally till date. Although a period of more than four year have lapsed since it was filed.
Keeping in view the aforesaid fact and in the interest of justice, the learned court below has directed to finally decide the Complaint Case No. 47930 of 2017 (Sudheer Kumar Shukla and others vs. M/s. Aap Enterprises) under Section 138 Negotiable Instrument Act, Police Station- Kidwai Nagar, District-Kanpur Nagar within a period of four months from the date of production of certified copy of this order.
The application stands disposed of.
Order Date :- 23.12.2021 Ashish Pd.