Allahabad High Court
Mohammad Rizwan vs State Of U.P And 2 Others on 26 November, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 42929 of 2019 Applicant :- Mohammad Rizwan Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Saqib Meezan Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned A.G.A.
The applicant has invoked the jurisdiction of this Court under section 482 Cr.P.C. with a prayer to direct the lower court below i.e. Additional Court-I (Additional Civil Judge), District Ghaziabad to decide the complaint case no. 189 of 2019, Mohammad Rizwan Vs. State of U.P. and others, under section 138 of N.I Act within the stipulated period..
Learned counsel for the applicant has submitted that the present complaint is pending since 6.10.2017 and since then the present case has been lingering-on, on one pretext or the other.
In view of the provision contained in section 143 (3) of the N.I. Act the trial court is expected to make all endeavour to conclude the trial of the aforesaid case preferably within a period of six months after giving opportunity of hearing to both the sides and without giving unnecessary adjournments to either side and there is no other legal impediment in concluding the trial.
With these observations, the present application under section 482 Cr.P.C.stands disposed of.
Order Date :- 26.11.2019 R