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2024 Supreme(All) 2017

ARUN KUMAR SINGH DESHWAL
Sudhir Kumar Rai – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Applicant :Dinesh Chauhan, Advocate.
For the Opposite Party : G.A.

JUDGMENT

Arun Kumar Singh Deshwal, J.

Heard learned counsel for the applicant and Sri. Rajeev Kumar Singh, learned A.G.A. for the State.

2. The present application has been filed to direct the learned Additional Chief Judicial Magistrate-III, Varanasi to conclude the trial of Complaint Case No.14204 of 2020, CNR No-UPVR04019341-2020, Sudhir Kumar Rai v. Chatra Sal, under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police Station-Lanka, District-Varanasi, within a stipulated period.

3. Contention of learned counsel for the applicant is that though this complaint under the Act, 1881 was filed in the year 2020, but the trial could not yet be concluded. It is further submitted that as per Section 143(2) of Act, 1881 the trial for the offence under the Act, 1881 should be conducted on day to day basis and it is further provided under section 143(3) of the Act, 1881 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 v. Union of India and others reported in (2014) 5 SCC 590, has issued direction for expeditious disposal of the

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