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2025 DAILYLAW 113512 (ALL)

PRAVEEN KUMAR v. STATE OF U.P. AND ANOTHER

NA529/2533/2024 · 2025-01-30

Nalin Kumar Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:15864 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 2533 of 2024 Applicant :- Praveen Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akash Srivastava,Atul Verma Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the court concerned to decide the Complaint Case No.738 of 2020 (Praveen Kumar Vs. Gopal Bhardwaj) under Section 138 Negotiable Instrument Act, Police Station Pilkhuwa, District Hapur pending in the Court of Civil Judge (S.D.), F.T.C.- II, Hapur, 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 complaint case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act and summoning order was passed on 1.3.2019 against the accused / opposite no.2. The case is pending at the stage of some interlocutory applications. No evidence has been recorded so far. Case is pending before the court and it has not been decided as yet. More than five years have been elapsed from the date of filing of the complaint, however, no endeavour has been made by the trial court to conclude the trial within the term prescribed under the Act. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period. 4. In the circumstances, the Court concerned is directed to make all endeavours for the expeditious disposal of the aforesaid complaint case, preferably within a period of six months from the date of production of certified copy of this order before it, if there is no legal impediment. 5. With the above observations, the application stands disposed of. Order Date :- 31.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad