HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3633 of 2025 Court No. - 83 HON'BLE AVNISH SAXENA, J. 1. Sri Raj Bihari, learned advocate holding the brief appears for the applicant and submits that applicant has moved this application under Section 529 of B.N.S.S. for issuance of direction for expeditious disposal of complaint moved under Section 138 of Negotiable Instrument Act, 1881 pending in Additional Court, Varanasi. He submits that deposition of the applicant has already been recorded in the Court, but the cross- examination has not been carried out. The next date fixed in the case is 31st October, 2025. He has further drawn attention of the Court towards order-sheet wherein it is shown that opposite party no.2 is continuously appearing in the Court but merely for the purpose of appearance and not for examining the applicant. As such, he seeks interference by this Court for issuance of direction for expeditious disposal of the complaint. 2. Learned A.G.A. appears for State and submits that the applicant himself is at fault of not appearing in the Court for recording of his cross- examination. 3. There is no point in issuing notice to opposite party no. 2, as the innocuous prayer of the applicant is for expeditious disposal of the case. 4. This Court has taken into consideration the rival submissions made by the parties and is of the view that the complaint under Section 138 of Negotiable Instrument Act, 1881 is pending since 2021,wherein the order- sheet reveals that deposition of the applicant has been recorded on 05.12.2023 and since then case is continuously being fixed for cross- Versus Counsel for Applicant(s) : Bhaiya Lal Yadav Counsel for Opposite Party(s) : G.A. Lalita Prasad Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) examination of applicant. The order-sheet of the trial court is silent about reason for not recording the cross-examination. As such, Trial Court is directed to get recorded cross-examination of applicant on the date fixed (31.10.2025). In case of adjournment by either party, specific order is to be passed. 5. At this juncture, learned counsel has submitted that age of the applicant is 84 years, which led to his grandson (Nati) to file present application. He further submits that applicant is old and ailing but could appear in the Court through assistance of his family members, if wheelchair is provided. 6. This Court further directs the Magistrate concerned to record cross- examination of applicant on the date fixed on priority basis providing all the necessary requisites to the applicant for effecting his cross- examination. 7. Registrar (Compliance) may send copy of this order to the District Judge, Varanasi to pass appropriate administrative order, so that the compliance of this order be effected. 8. The application is accordingly disposed of. October 6, 2025 MN/- NA529 No. 3633 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad