ARUN KUMAR SINGH DESHWAL
Harish Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ARUN KUMAR SINGH DESHWAL, J.
1. Heard learned counsel for the applicant and Sri Anish Kr. Upadhyay, learned A.G.A. for the State.
2. The present application has been filed to direct the court below to expedite and conclude the trial of Complaint Case No. 15489 of 2022 (Harish Yadav vs. Mahendra Singh), u/s 138 N.I. Act, P.S. Kotwali, District Basti, pending before Judicial Magistrate, Court No. 25, Basti, within stipulated period.
3. Contention of learned counsel for the applicant is that though the complaint under N.I. Act was filed in the year 2022, but the trial could not yet be concluded. It is further submitted that as per Section 143(2) of N.I. Act, the trial for the offence under N.I. Act should be conducted on day to day basis and it is further provided u/s 143(3) that the trial should be concluded within six months from the date of filing of the complaint.
4. The Apex Court in the case of Indian Bank Association and others vs. Union of India and others; (2014) 5 SCC 590, has issued direction for expeditious disposal of the cases under N.I. Act. Paragraph Nos. 22, 23 and 24 of the aforesaid judgment are being quoted as under:
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