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2025 DAILYLAW 16555 (ALL)

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

A483/220/2025 · 2025-02-19

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25054 Court No. - 82 Case :- APPLICATION U/S 483 No. - 220 of 2025 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Chandra Sinha 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 expidite the Complaint Case No. 15001 of 2022, under Section 138 Negotiable Instruments Act, pending in the Court of learned Additional Civil Judge (Junior Division)/ Judicial Magistrate (N.I. Act), Ghazipur, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that summoning order in the matter was passed on 3.10.2022 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act but the accused is not cooperating with the trial Court and remains absent causing delay in the disposal of that case. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss. Almost 3 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. I have considered the submissions and perused the entire record. 5. In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused persons 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 persons 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. 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 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. 7. With the above observations, the application stands disposed of. Order Date :- 20.2.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad