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2025 DAILYLAW 13916 (ALL)

KRISHNAKANT v. STATE OF U.P. AND ANOTHER

NA529/179/2025 · 2025-02-04

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19314 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 179 of 2025 Applicant :- Krishnakant Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meva Lal Yadav 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.1504 of 2023 (Krishnakant Vs. M/s. Neeraj Sharma) (CNR No. UPSB120012422023) under Section 138 Negotiable Instrument Act, Police Station Duddhi, District Sonbhadra pending in the Court of Civil Judge (J.D.) / Magistrate, Dudhi, Sonbhadra Court No.9, Agra, 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 in the year 2023 and summoning order was passed on 23.6.2023 against the accused / opposite no.2. Accused is not cooperating with the court and only dates are being fixed for appearance. Case is pending before the court 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. I have considered the submissions and perused the entire 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. Accordingly, the Court concerned is directed to make all endeavours for expeditious disposal of the aforesaid case within six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted to either of the parties. 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 etc. 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 :- 5.2.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad