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2025 DAILYLAW 19818 (ALL)

M/S AGRAWAL TRADERS v. STATE OF U.P. AND 2 OTHERS

NA529/328/2025 · 2025-03-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37860 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 328 of 2025 Applicant :- M/S Agrawal Traders Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashwani Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 529 BNSS has been filed with a prayer to direct the Addl. Chief Judicial Magistrate-II, Jhansi to conclude the proceedings of Complaint Case No.16065 of 2024 (M/s. Agrawal Traders Vs. M/s. Novina Enterprises Pvt. Ltd.) under Section 138 of Negotiable Instrument Act, Police Station Nawabad, District Jhansi expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the applicant is the complainant in this case. The case is pending at the stage of appearance of opposite parties no.2 & 3. It is also submitted that no sincere efforts have been made by the concerned court to procure the appearance of the accused persons in this case. 4. A perusal of the copies of the order sheets goes to show that the matter is still pending for appearance of the accused persons. 5. In the facts and circumstance of the case, the trial court is directed to make all possible efforts and to use its power attributed to it by law to procure the presence of the accused persons in accordance with law before the Court and after procuring the presence of the accused persons, the trial court is directed further to make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, if there is no other 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 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 these observations, the application is finally disposed of. Order Date :- 12.3.2025 / ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad