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2024 Supreme(All) 2018

ARUN KUMAR SINGH DESHWAL
Architect Through Partner Sri. Safi Mohammad – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Applicant :Dharmendra Kumar Rajput, 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 lower court to decide the Complaint Case No. 534 of 2023, under section 138 N.I. Act (M/S Architect Chamber v. Saiyad Jahid & Smt. Shama Jahid), P.S. Banna Devi, District Aligarh, pending in the court of Additional Court, Aligarh within stipulated period.

3. Contention of learned counsel for the applicant is that though this complaint under the Act, 1881 was filed in the year 2017, 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 cases under the Act, 1881. Paragraph Nos. 22, 23 and 24 of the aforesaid judgement are being

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