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2024 Supreme(All) 1979

ARUN KUMAR SINGH DESHWAL
Amit Kumar Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Applicant : Shambhavi Nandan
For the Opposite Party : G.A.

JUDGMENT

Arun Kumar Singh Deshwal, J.

Heard learned counsel for the applicant, Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State.

2. The present application has been filed for setting aside the proceeding of Complaint Case No. 122 of 2021, under section 138 N.I. Act, P.S. Meja, District Allahabad, pending before the Additional Chief Judicial Magistrate, Court No.10, Allahabad.

3. Contention of learned counsel for the applicant is that though the complaint under N.I. Act was filed in the year 2021 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 under section 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 v. 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 judgement are being quoted as under:

    "22. We notice, considering all those aspects, few High Courts of the country have laid do

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