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Neutral Citation No. - 2025:AHC:71783 Court No. - 80 Case :- APPLICATION U/S 483 No. - 2484 of 2024 Applicant :- Mohammad Ishauque Opposite Party :- State of U.P. and Another Counsel for Applicant :- Renu Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Complaint Case No.129 of 2020 (Mohd. Ishauque Vs. Abdulla Khan & Pappu) under Section 138 Negotiable Instrument Act, Police Station Kotwali Katra, District Mirzapur pending in the Court of Addl. Civil Judge (S.D.), F.T.C., Mirzapur, expeditiously within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It has been submitted by the learned counsel for the applicant that the said case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2020. After appearance of the accused persons, now the matter is fixed for recording the evidence. Almost 4 years have been passed and it has not been decided as yet. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period.
4. Since the applicant himself is the complainant of the case, he has to adduce the evidence before the court.
5. In the circumstances, the applicant is directed to appear before the court concerned on the next date fixed in the matter and get his statement recorded before the court and thereafter the trial court without giving any unnecessary adjournment to either of the parties decide the complaint case, as described above, as expeditiously as possible, if there is no legal impediment.
6. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.
7. With the above observations, the application stands disposed of. Order Date :- 29.4.2025 / ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad