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Neutral Citation No. - 2025:AHC:66927 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 235 of 2025 Applicant :- Mohit Kumar Ailani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Rai,Yasharth Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No.49554 of 2023 (Mohit Kumar Ailani Vs. Ashish Kumar Jaiswal) under Section 138 Negotiable Instrument Act, Police Station Gorakhnath, District Gorakhpur pending in the Court of Addl. Civil Judge (S.D.), Court No.4, Gorakhpur 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 6.2.2024 against the accused / opposite no.2. Only dates are being fixed in the matter and no effective proceedings are going on.
4. Learned counsel for the applicant made a submission at Bar that the case is pending at the stage of evidence of accused / opposite party no.2, however, his submission does not find support from the copies of the order-sheets appended with the present application. In fact, the case is pending at the stage of recording the statement of the accused who has already appeared before the court.
5. In the circumstances, the Court concerned is directed to make all possible endeavours and take effective steps to record the statement of the accused within a period of one month from the date of receiving the certified copy of this order before it and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the aforesaid case, if there is no legal impediment.
6. With the above observations, the application stands disposed of. Order Date :- 24.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad