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2023 DIGILAW 390 (ALL)

Balkrishna Dubey v. State of U. P.

2023-02-08

RAJIV GUPTA

body2023
JUDGMENT : RAJIV GUPTA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned Addl. Chief Judicial Magistrate to expeditiously conclude the proceedings of Case No. 95 of 2021 (Computer No. 8675 of 2021) (Balkrishna Dubey vs. Amit Kumar Mishra), under Section 138 N.I. Act, Police Station Meja, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No. 10, Allahabad as expeditiously as possible preferably within a period as fixed by this Court. 3. Learned counsel for the applicant has submitted that the applicant is the complainant in the present case and he has filed a complaint under Section 138 of N.I. Act on 13.08.2021, however since then, the proceeding of the said complaint has been lingering-on on one pretext or the other and has not yet been concluded. 4. In view of the provision of Section 143(3) of the Negotiable Instruments Act, the Additional Chief Judicial Magistrate, Court No. 10th, Allahabad is expected to make all endeavours to decide the aforesaid complaint case expeditiously, preferably within a period of six months from the date of filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and there is no other legal impediment in deciding the aforesaid case. 5. With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.