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2025 DAILYLAW 113555 (ALL)

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

A483/2534/2024 · 2025-03-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34966 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2534 of 2024 Applicant :- Gaurav Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Lakhan Deobanshi,Sonia Kulshreshtha 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.2833 of 2024 (Gaurav Kumar Vs. Sri Ram Agarwal) under Section 138 Negotiable Instrument Act, Police Station Baghpat, District Baghpat pending in the Court of Chief Judicial Magistrate, Baghpat 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 22.7.2024 against the accused / opposite no.2. The case is at the stage of recording of the statement of accused / opposite party no.2 but he is not appearing before the court and the proceedings of the case are hampered. Accused is not cooperating with the court and only dates are being fixed for appearance. Case is still pending and it has not been decided on account of delaying tactics adopted by the accused. 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 possible endeavours and effective steps to ensure the appearance of the accused before the court and thereafter all endeavours shall be made by the Court concerned for the expeditious disposal of the case, preferably within a period of six months, if there is no legal impediment. 5. 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. 6. With the above observations, the application stands disposed of. Order Date :- 7.3.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad