HINDUSTAN DOCKYARD PVT. LTD. v. STATE OF U.P. AND ANOTHER
A483/2529/2024 · 2025-01-21
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113220 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113220 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12192 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2529 of 2024 Applicant :- Hindustan Dockyard Pvt. Ltd. Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed by the applicant with a prayer to direct the court concerned to decide the Complaint Case No.95121 of 2022 (Hindustan Dockyard Pvt. Ltd. Vs. Ranvir Singh) under Section 138 Negotiable Instrument Act, Police Station Nazirabad, District Kanpur Nagar pending in the Court of Metropolitan Magistrate-VIII, Kanpur Nagar, 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 2022. Summoning
order was passed on 15.9.2022. Thereafter several process have been issued against the accused / opposite party no.2 but still he has not appeared before the court. He is not cooperating with the court. On dates are being fixed for appearance. Almost 2 years have been passed but the case has not been decided as yet. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period.
4. I have considered the submissions and perused the record.
5. The present case is pending for appearance of the accused / opposite party no.2 but he is not appearing despite several process sent to him. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own
order and to ensure the service of the process sent to the accused under its name.
6. In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance
of the accused person before the court within a period of two months from the date of production of certified copy of this order. It is also directed that on the date fixed by the trial court the accused person shall appear before the Court and no adjournment or exemption for appearance will normally be granted to him on any ground whatsoever and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the complaint case, as described above, if there is no legal impediment.
7. 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.
8. With the above observations, the application stands disposed of.
Order Date :- 21.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad